HomeMy WebLinkAboutR-2023-016 Resolution awarding RFP 12238P and authorizing an agreement with People for People for Community Partnership Development ServicesRESOLUTION NO. R-2023-016
A RESOLUTION awarding RFP 12238P and authorizing an agreement with People for
People for Community Partnership Development Services.
WHEREAS, the City of Yakima seeks to contract with qualified firms, developers or
individuals for the opportunity to enter into an American Rescue Plan Act (ARPA) funded
partnership for Community Partnership Development Services; and
WHEREAS, the selected non-profit partner will put forth a proposal that meets varying
community needs and that are consistent with the ARPA requirements; and,
WHEREAS, the City of Yakima Purchasing Division issued RFP 12238P requesting
proposals from interested non-profit organizations; and
WHEREAS, Recommendation of Intent to Negotiate was made to People for People for
the purchase of commercial kitchen equipment for their Meals on Wheels Senior Nutrition
Program; and
WHEREAS, the Community Partnership Plan and Budget included in this agreement
meets community needs for this grant funded partnership project, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute an Agreement with People for People
for Community Partnership Development Services, attached hereto and incorporated herein by
this reference.
ADOPTED BY THE CITY COUNCIL this 17th day of January, 2023.
ATTEST:
t- .0(iCttk tt
Janice Deccio, Mayor
(iii) Federal Award
identification Number (FAIN)
! Date '
CORONAVIRUS STATE AND !March 30, 2021 —
1.!LOCAL FISCAL RECOVERY ,
December 31, 2026
FUNDS, CFDA 21.027 t It
(vii) Amount of Federal !(vW) Total Amount of Federal , ix Total Amount of the Federal
!Funds Obligated to the
!Agency by this action:
!$99.620,28
COVID RECOVERY PROGRAM — CITY OF YAKIMA
Pursuant to 2 CFR 200.332(a)(1) Federal Award Identification
..!(i) Agency Name (must match the name associated Unique Entity Identifier !City of Yakima Number for
with its unique entity identifier)?(i.e., DUNS) This Agreement
People For People 141-440-61367 12238P
'(iv) Federal Award '(v) Federal Period of (vi) Federal Budget Period
Date Periormance Start and End ;Start and End Date
Funds Obligated to the agency
(x) Federal Award Project Description:
CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS— CITY OF YAKIMA
:(xi) Federal Awarding Agency Pass -Through Entity:
CITY OF YAKIMA
!!*
DEPARTMENT OF THE
TREASURY
Award Committed to the agency
1.„
Awarding Official Name
l'and Contact Information:
!Jennifer Ferrer -Santa Ines
Director of Finance & Budget
niferferrer kimawa, ov
(xii) Assistance Listing CFDA Number and Name (the pass -through entity must
identify the dollar amount made available under each Federal award and the
CFDA number at time of disbursement)
21.027 - CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS
(xiv) Indirect Cost Rate for Award Payment Method (lump sum payment or
lithe reimbursement)
!Federal Award
REIMBURSEMENT
identification
of Whether the Award is
'R&D
No.
Is the Agency
Subrecipient for
! he Purposes
of This Agreement? ***
YES
***The term "Contractor" shall refer to a contractor or subrecipient, as determined in the City's sole
discretion and referenced in the FAIN table cover page.
PASS-THRU ENTITY
NAME
Name:
Title:
Sig
Date:
City of Yakima
Jennifer Ferrer -Santa Ines
Director of Finance & Budget
RECIPIENT
Name:
\Title:
'Signature:
Date:
Page 1 of 40
People for People
Madelyn Carlson
CEO
AGREEMENT
Contractor PEOPLE FOR PEOPLE
Project Title MEALS ON WHEELS COMMERCIAL KITCHEN
Contract Amount $ NINETY-NINE THOUSAND SIX HUNDRED TWENTY AND 28/100THS
DOLLARS ($99,620.28)
Contract Period From: December 1, 2022 To December 31, 2024
DUNS No. (if applicable) 14-440-6667 SAM No. (if applicable) NAIXSQSKCJJ5
THIS AGREEMENT No. 12238P ("Contract") is entered into by the CITY OF YAKIMA
(the "City"), and PEOPLE FOR PEOPLE (the "Contractor") whose address is 302 West Lincoln
Avenue, Yakima, Washington, 98902.
FUNDING SOURCES
Coronavirus State and
Local Fiscal Recovery
Funds(SLFRF)
WHEREAS, the City has been advised that the foregoing are the current funding sources,
funding levels and effective dates, and
FUNDING LEVELS
See Contract Amount above
EFFECTIVE DATES
See Contract Period above
WHEREAS, the City desires to have certain services performed by the Contractor as described
in this Contract, specifically the construction of a domestic violence shelter by the Contractor,
NOW THEREFORE, in consideration of payments, covenants, and agreements hereinafter
mentioned, to be made and performed by the parties hereto, the parties mutually agree as
follows:
1. Contractor understands and agrees that funds provided under this
Contract may come from a federal source and agrees to COMP1Y with
any and all additional applicable ter s. In general. federal -specific
terms are in italics.
A. Contractor Capacity. Contractor agrees and confirms that it has the institutional,
managerial and financial capacity to ensure proper planning, management and
completion of the Meals on Wheels Commercial Kitchen proposed in the Scope of
Work.
B. Technical Assistance. If, at any time, Contractor believes its capacity is
compromised or Contractor otherwise needs any sort of assistance, it SHALL
immediately notify the City. The City will make best efforts to provide timely
technical assistance to the Contractor to bring the Contract into compliance.
C. Compliance with Act. Contractor understands and agrees that funds provided
under this Contract may only be used in compliance with section 603(c) of the
Social Security Act (the Act), as added by section 9901 of the American Rescue
Plan Act, the U.S. Department of Treasury's ("Treasury's") regulations
implementing that section, and guidance issued by Treasury regarding the
foregoing.
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D. Definitions.
Words and terms shall be given their ordinary and usual meanings. Where used in the
Contract documents, the following words and terms shall have the meanings indicated.
The meanings shall be applicable to the singular, plural, masculine, feminine and neuter
of the words and terms.
ACCEPTANCE OR ACCEPTED -
A written determination by the City that the Contractor has
completed the Work in accordance with the Contract.
CONTRACT AMENDMENT - A written change to the Contract modifying, deleting or adding to the
terms and conditions or Scope of Work, signed by both parties, with
or without notice to the sureties.
CONTRACTOR - The individual, association, partnership, firm, company, corporation,
or combination thereof, including joint ventures, contracting with the
City for the performance of Work under the Contract.
CONTRACT SPECIALIST -
Yakima City Employee who interfaces with team members,
business owners, contractors, project staff and others to assist in
the administration of the City's contracts.
DAY Calendar day.
YMC * The Yakima Municipal Code.
MEASURABLE AMOUNT OF
WORK -
A definitive allocation of an employee's time that can be attributed
to Work performed under this Contract, but that is not Tess than a
total of one hour in any one -week period.
PERSON
Includes individuals, associations, firms, companies, corporations,
partnerships, or combination thereof, including joint ventures.
PROJECT MANAGER
The individual designated by the City to manage the project on a
daily basis and who may represent the City for Contract
administration. The Project Manager may also be the Contract
Specialist.
RCW -
The Revised Code of Washington.
SCOPE OF WORK (SOW) -
SUBCONTRACTOR
An exhibit to the Contract consisting of a written description of the
Work to be performed.
The individual, association, partnership, firm, company, corporation,
or combination thereof, including joint ventures, entering into an
agreement with the Contractor to perform any portion of the Work
covered by this Contract.
SUBRECIPIENT -
An entity that uses the awarded funds to carry out a program for a
public purpose specified in the authorizing statute or ordinance, as
opposed to providing goods or services for the benefit of the City.
WORK
Everything to be provided and done for the fulfillment of the Contract
and shall include services, goods and supplies specified under this
Contract, including Contract Amendments.
ADMINISTRATOR -
The Finance Director.
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Small Contractor or Supplier or
"(SCS)" -
A business and the person or persons who own and control it that
are in a financial condition which puts the business at a substantial
disadvantage in attempting to compete for public contracts. The
relevant financial condition for eligibility under the Contracting
Opportunities Program is based on a dollar ceiling for standard
business classifications that is set at fifty percent (50%) of the
Federal Small Business Administration (SBA) small business size
standards using the North American Industrial Classification System
(NAICS), and an Owners' personal net worth less than $1,320,000
dollars.
2. Contract Services and Requirements, and Incorporated Exhibits.,
The Contractor shall provide services and meet the requirements included in this Contract and
in the following attached exhibits, each of which is incorporated herein by this reference as if
fully set forth herein:
EXHIBIT NAME
NUMBER/LETTER
Scope of Work
Price Attachment
A
B
Contractor's Proposal
Civil Rights Certification
Lobbying Certification
Cost Certification
Written Justification for Use of ARPA Funds
Recipient Agreement: US Treasury and City of Yakima
A. Scope of Eligible Expenditures. Funds shall only be used to pay or reimburse
eligible expenditures as described in Exhibit A. No funds may be used to pay or
reimburse expenditures reimbursed under any other federal or state program, or
from any other third -party source.
B. Contractor Responsibilities. The funds provided under the Contract may come
from a federal source. Contractor agrees to administer the Contract consistent
with the terms and conditions of this Contract, in accordance with section 603(c)
of the Act, the Treasury's regulations implementing that section, and guidance
issued by Treasury regarding the foregoing, as well as any other applicable federal
laws and regulations. As part of the invoicing process, the Contractor shall
provide the City with a "Cost Certification" that funding of this Contract was used
for eligible expenditures. Contractor shall also provide the City with a "Civil
Rights Certification" prior to payment for work authorized by this Contract.
C. Reporting. Contractor shall provide the City with the following reports in a timely
manner:
L Monthly / Quarterly Expenditure Report by the 10th of month following
expenditure to facilitate required quarterly City reporting.
H. Payment Request Report
Page 4 of 40
Hi. Closeout Report
3. Contract Term.
A. This Contract shall begin on December 1, 2022, and shall terminate on December 31,
2024, unless extended or terminated earlier, pursuant to the terms and conditions of the
Contract.
B. This Contract may be extended through December 31, 2026 in one year increments
upon agreement of the parties. No change in terms and conditions will be permitted
during these extensions unless specifically agreed to in writing.
4. Compensation and Method of Payment.
A. Compensation:
The City shall compensate the Contractor for satisfactory completion of the services and
requirements as specified in this Contract and its attached exhibit(s).
B. Invoicing:
The Contractor shall submit invoices and all accompanying reports as specified in the
attached exhibit(s), including its final invoice and all outstanding reports. The City shall
endeavor to make payment not more than 30 days after a complete and accurate invoice
is received.
C. Final Invoice:
The Contractor shall submit its final invoice and all outstanding reports as specified in
this contract and its attached exhibit(s). If the Contractor's final invoice and reports are
not submitted as required, the City will be relieved of all liability for payment to the
Contractor of the amounts set forth in the final invoice or any later invoice.
D. Reimbursement for Travel:
The Contractor will not be reimbursed for travel unless otherwise specified within an
Exhibit.
5. Internal Controland Accounting System.
The Contractor shall establish and maintain a system of accounting and internal controls that
complies with the generally accepted accounting principles issued by the Financial Accounting
Standards Board (FASB), the Governmental Accounting Standards Board (GASB), or both as
is applicable to the Contractor's form of doing business.
6. Debarment and Suspension Certification.
If this Contract is a covered transaction for purposes of federally funded grant
requirements, the Contractor is required to verify that none of the Contractor, its
principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are
excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The Contractor is
required to comply with 49 CFR 29, Subpart C and must include the requirement to
comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into.
Debarment status may be verified at https://w .sam.CIOV By signing and submitting
this Contract, the Contractor certifies as follows:
The certification in this clause is a material representation of fact relied upon by the
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City of Yakima. If it is later determined that the Contractor knowingly rendered an
erroneous certification, in addition to remedies available to the City of Yakima, the
Federal Government may pursue available remedies, including but not limited to
suspension and/or debarment. The Contractor agrees to comply with the
requirements of 49 CFR 29, Subpart C while performing this Contract and further
agrees to include a provision requiring such compliance in its lower tier covered
transactions.
7. Maintenance of Records.
A. Accounts and Records:
i. Contractor shall maintain ALL 100% records and financial documents sufficient to
evidence compliance with section 603(c) of the Act, Treasury's regulations
implementing that section, and guidance issued by Treasury regarding the foregoing.
These records shall be maintained for a period of six (6) years after the last date that
all funds have been expended or returned to the City, whichever is later, to ensure
proper accounting for all funds and compliance with the Contract.
ii. The Treasury Office of Inspector General and the Government Accountability Office,
or their authorized representatives, shall have the right of access to records
(electronic and otherwise) of Contractor in order to conduct audits or other
investigations.
iii. The Contractor shall maintain for a period of six years after termination of this
Contract accounts and records, including personnel, property, financial, and
programmatic records and other such records the City may deem necessary to
ensure proper accounting and compliance with this Contract.
B. Nondiscrimination and Equal Employment Records:
In accordance with the nondiscrimination and equal employment opportunity
requirements set forth in Section 24, Nondiscrimination and Payment of a Living Wage
below, the Contractor shall maintain the following for a period of six years after
termination of this Contract:
i. Records of employment, employment advertisements, application forms, and other
data, records and information related to employment, applications for employment or
the administration or delivery of services or any other benefits under this Contract;
and
ii. Records, including written quotes, bids, estimates or proposals, submitted to the
Contractor by all entities seeking to participate in this Contract, and any other
information necessary to document the actual use of and payments to subcontractors
and suppliers in this Contract, including employment records.
The City may visit the site of the work and the Contractor's office to review these
records. The Contractor shall provide all help requested by the City during such visits
and make the foregoing records available to the City for inspection and copying. At
all reasonable times, the Contractor shall provide to the City, the state, and/or federal
agencies or officials access to its facilities —including those of any subcontractor
assigned any portion of this Contract in order to monitor and evaluate the services
provided under this Contract. The City will give reasonable advance notice to the
Contractor in the case of audits to be conducted by the City. The Contractor shall
comply with all record keeping requirements of any applicable federal rules,
regulations or statutes included or referenced in the contract documents. If different
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from the Contractor's address listed above, the Contractor shall inform the City in
writing of the location of its books, records, documents, and other evidence for which
review is sought, and shall notify the City in writing of any changes in location within
14 days of any such relocation.
8. Evaluations and Inspections.
A. Subject to Inspection, Review, or Audit:
The records and documents with respect to all matters covered by this Contract shall be
subject at all time to inspection, review, or audit by the City and/or federal/state officials
authorized by law during the performance of this Contract and for six years after
termination hereof, unless a longer retention period is required by law.
B. Medical Records:
If applicable, medical records shall be maintained and preserved by the Contractor in
accordance with state and federal medical records statutes, including but not limited to
RCW 70.41.190, 70.02.160, and standard medical records practice. The Contractor shall
also be responsible for the maintenance and disposal of such medical records.
Contract Monitoring
The Contractor and the City shall engage in monitoring visits to assess the Contractor's
compliance with contract requirements, quality, and practices. The City will execute
monitoring visits in accordance with the applicable frequency, as prescribed by the
controlling Exhibit under this Contract. The Contractor shall cooperate with the City and
its agents to assess the Contractor's performance under this Contract. At the request of
the City, the Contractor shall implement a plan to remedy any items of noncompliance
identified during the monitoring process.
The results and records of these processes shall be maintained and disclosed in
accordance with RCW Chapter 42.56.
D. Performance, Measurement and Evaluation
The Contractor shall submit performance metrics and program data as set forth in
Exhibits to this Contract. The Contractor shall participate in evaluation activities as
required by the City and shall make available all information required by any such
performance measurement and evaluation processes.
E. Unauthorized Disclosure:
The Contractor agrees that all information, records, and data collected in connection with
this Contract shall be protected from unauthorized disclosure in accordance with
applicable state and federal law.
Compliance with the Health Insurance Portabilityand Accoun bility Act of 1996
(HIPAA).
The Contractor shall not use protected health information created or shared under this Contract
in any manner that would constitute a violation of HIPAA and any regulations enacted pursuant
to its provisions. Contractor shall read and maintain compliance with all HIPAA requirements at
the U.S. Office of Civil Rights website: htt•s // hhs.gov/hpaa/index,html
10. Financial Report Submission.
The Contractor is required to submit a financial reporting package as described in A through C
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below. All required documentation must be submitted by email to iennifer.ferrer cCa�yakimawa rgov
by the stated due date.
A. If the Contractor is a Non -Federal entity as defined in 2 CFR Part 200.69, and expends
$750,000 or more in Federal awards during its fiscal year, then the Contractor shall meet
the audit requirements in 2 CFR Part 200 Subpart F. Audit packages are due to the City
within nine months after the close of the Contractor's fiscal year.
B. If the Contractor is a local government in the State of Washington and is not subject to
the requirements in subsection A, the Contractor shall submit audited financial
statements that are in accordance with the Washington State Auditor's Office
requirements. Financial statement audits are due to the City within 150 days after the
close of the Contractor's fiscal year end as required by RCW 43.09.230.
If the Contractor is not subject to the requirements in subsection A or B, the following
apply:
Entity Type
Non -
Profit
Gross
Revenue
Required
Documentation
Gross Revenue
Under $3M on
average in the
previous three
fiscal years.
Form 990
within 30 days
of its being
filed; and
A full set of
annual internal
financial
statements
Due Date
Within 30
calendar days
from the forms
being filed.
Gross Revenue
Over $3M on
average in the
previous three
fiscal years.
Audited financial
statements
prepared by an
independent
Certified Public
Accountant or
Accounting Firm
Within nine
months following
the close of the
Contractor's fiscal
year.
For P
rofit
Gross Revenue
Under $3M on
average in the
previous three
fiscal years.
• Income tax
return; and
• A full set of
annual internal
financial
statements
Within 30
calendar days
from the forms
being filed.
Gross Revenue
Over $3M on
average in the
previous three
fiscal years.
Audited financial
statements
prepared by an
independent
Certified Public
Accountant or
Accounting Firm
Within nine
months following
the close of the
Contractor's
fiscal year.
D. Waiver:
A Contractor that is not subject to the requirements in subsection A may, in extraordinary
circumstances, request, and in the City's sole discretion be granted, a waiver of the audit
requirements. Such requests are made to the City to Jennifer Ferrer Santa -Ines,
jennifer.ferrer(cyakimawa.gov for review. If approved by the City, the Contractor may
substitute for the above requirements other forms of financial reporting or fiscal
representation certified by the Contractor's Board of Directors, provided the Contractor
meets the following criteria:
i. Financial reporting and any associated management letter show no reportable
conditions or internal control issues; and
ii. There has been no turnover in key staff since the beginning of the period for which
the financial reporting was completed.
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11. Corrective Action.
If the City determines that the Contractor has failed to comply with any terms or conditions of
this Contract, or the Contractor has failed to provide in any manner the work or services (each
a "breach"), and if the City determines that the breach warrants corrective action, the following
procedure will apply:
A. Written Notification:
The City will notify the Contractor in writing of the nature of the breach.
B. Contractor's Corrective Action Plan:
The Contractor shall respond with a written corrective action plan within fourteen days
of its receipt of such notification unless the City, at its sole discretion, extends in writing
the response time. The plan shall indicate the steps being taken to correct the specified
breach and shall specify the proposed completion date for curing the breach. This date
shall not be more 30 days from the date of the Contractor's response, unless the City, at
its sole discretion, specifies in writing an extension to complete the corrective actions.
Cit's Determination of Corrective Action Plan Sufficien,
The City will determine the sufficiency of the Contractor's proposed corrective action
plan, then notify the Contractor in writing of that determination. The determination of
sufficiency of the Contractor's corrective action plan shall be at the sole discretion of the
City.
D. Termination or Suspension:
If the Contractor does not respond within the appropriate time with a corrective action
plan, or the Contractor's corrective action plan is determined by the City to be insufficient,
the City may terminate or suspend this Contract in whole or in part pursuant to Section
13.
E. Withholding Payment:
In addition, the City may withhold any payment to the Contractor or prohibit the
Contractor from incurring additional obligations of funds until the City is satisfied that
corrective action has been taken or completed.
Non -Waiver of lights:
Nothing herein shall be deemed to affect or waive any rights the parties may have
pursuant to Section 13, Subsections B, C, and D.
G. Remedial Actions In the event of Contractor's noncompliance with section 603(c)
of the Act, Treasury's regulations implementing that section, guidance issued by
Treasury regarding the foregoing, or any other applicable federal laws or
regulations, Treasury may take available remedial actions as set forth in 2 C.F.R.
200.339.
Recoupment:
i. Contractor agrees that it is financially responsible for and will repay the City
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any and all indicated amounts following an audit exception which occurs due
to Contractor's failure, for any reason, to comply with the terms of this
Contract, federal, state or local law. This duty to repay the City shall not be
diminished or extinguished by the termination of the Contract.
H. In the event of a violation of section 603(c) of the Act, the funds shall be subject
to recoupment by the City.
Hi. Any funds paid to Contractor (1) in excess of the amount to which Contractor
is authorized to retain under the terms of the Contract; (2) that are determined
by the Treasury Office of Inspector General to have been misused; (3) are
determined by Treasury to be subject to a repayment obligation pursuant to
section 603(e) of the Act; or (4) are otherwise subject to recoupment by the
City, and have not been repaid by Contractor to the City shall constitute a debt
to the City.
iv. Any debts determined to be owed the City must be paid promptly by the
Contractor. A debt is delinquent if it has not been paid by the date specified in
the City's initial written demand for payment, unless other satisfactory
arrangements have been made or if the City knowingly or improperly retains
funds that are a debt. The City will take any actions available to it to collect
such a debt.
12. Dispute Resolution.
The parties shall use their best, good -faith efforts to cooperatively resolve disputes and
problems that arise in connection with this Contract. Both parties will make a good faith effort to
continue without delay to carry out their respective responsibilities under this Contract while
attempting to resolve the dispute under this section.
13. Termination.
A. Termination for Convenience:
This Contract may be terminated by the City without cause, in whole or in part, at any
time during the term specified in Section 3, Contract Term above, by providing the other
party 30 calendar days advance written notice of the termination. The Contract may be
suspended by the City without cause, in whole or in part, at any time during the term
specified in Section 3. above, by providing the Contractor 30 calendar days advance
written notice of the suspension.
B. Termination for Default:
The City may terminate or suspend this Contract, in whole or in part, upon ten days
advance written notice if: (1) the Contractor breaches any duty, obligation, or service
required pursuant to this Contract and either (a) the corrective action process described
in Section 11 fails to cure the breach or (b) the City determines that requiring a corrective
action plan is impractical or that the duties, obligations, or services required herein
become impossible, illegal, or not feasible. If the Contract is terminated by the City
pursuant to this Subsection 13.B., the Contractor shall be liable for damages, including
any additional costs of procuring similar services from another source.
If the termination results from acts or omissions of the Contractor, including but not
limited to misappropriation, nonperformance of required services, or fiscal
Page 10 of 40
mismanagement, the Contractor shall return to the City immediately any funds,
misappropriated or unexpended, that have been paid to the Contractor by the City.
C. Termination for Non -Appropriation:
If expected or actual funding is withdrawn, reduced, or limited in any way prior to the
termination date set forth above in Section 3, the City may, upon ten days advance
written notice to the Contractor, terminate or suspend this Contract in whole or in part.
If the Contract is terminated or suspended as provided in this Section: (1) the City will be
liable only for payment in accordance with the terms of this Contract for services
rendered prior to the effective date of termination or suspension; and (2) the Contractor
shall be released from any obligation to provide such further services pursuant to the
Contract as are affected by the termination or suspension.
Funding or obligation under this Contract beyond the current appropriation year is
conditional upon appropriation by the City Council and/or other identified funding
source(s) of sufficient funds to support the activities described in the Contract. If such
appropriation is not approved, this Contract will terminate at the close of the current
appropriation year. The current funding sources associated with this Contract are
specified on page one.
If the Contract is suspended as provided in this Section, the City may provide written
authorization to resume activities.
D. Non -Waiver of Rights:
Nothing herein shall limit, waive, or extinguish any right or remedy provided by this
Contract or by law or equity that either party may have if any of the obligations, terms,
and conditions set forth in this Contract are breached by the other party.
14. Hold Harmless and Indemnification.
A. Duties as Independent Contractor:
In providing services under this Contract, the Contractor is an independent contractor,
and neither it nor its officers, agents, or employees are employees of the City for any
purpose. The Contractor shall be responsible for all federal and/or state tax, industrial
insurance, and Social Security liability that may result from the performance of and
compensation for these services and shall make no claim of career service or civil service
rights which may accrue to a County employee under state or local law. The parties
intend that an independent contractor relationship shall be created by this Contract. The
Contractor shall not make any claim of right, privilege or benefit which would accrue to
an employee under chapter 41.06 RCW or Title 51 RCW.
The City assumes no responsibility for the payment of any compensation, wages,
benefits, or taxes, by, or on behalf of the Contractor, its employees, and/or others by
reason of this Contract.
The Contractor shall release, protect, indemnify, defend and save harmless the City, its
elected and appointed officials, officers, agents, employees, representatives, insurers,
attorneys, and volunteers from all liabilities, losses, damages, and expenses related to
all claims, costs, and/or losses whatsoever occurring or resulting from (1) the
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Contractor's failure to pay any such compensation, wages, benefits, prevailing wages,
or taxes, and/or (2) the supplying to the Contractor of work, services, materials, or
supplies by Contractor employees or other suppliers in connection with or support of the
performance of this Contract; and/or (3) all liabilities, losses, damages, and expenses
related to all claims, suits, arbitration actions, investigations, and regulatory or other
governmental proceedings arising from or in connection with this Contract or the acts,
failures to act, errors or omissions of the Contractor, or any of Contractor's agents or
subcontractors, in performance of this Contract,
except for claims caused by the City's sole negligence. The City's right to indemnification
includes attorney's fees and costs associated with establishing the right to
indemnification hereunder in favor of the City.
If, for any reason, the Contractor's required licenses or certificates are terminated,
suspended, revoked or in any manner modified from their status at the time this Contract
becomes effective, the Contractor shall notify the City immediately of such condition in
writing. The Contractor and Subcontractor(s) shall maintain and be liable for payment of
all applicable taxes (except sales/use taxes), fees, licenses, permits and costs as may
be required by applicable federal, state or local laws and regulations as may be required
to provide the Work under this Contract.
B. Intellectual Property Infringement:
For purposes of this section, claims shall include, but not be limited to, assertions that
use or transfer of software, book, document, report, film, tape, or sound reproduction or
material of any kind, delivered hereunder, constitutes an infringement of any copyright,
patent, trademark, trade name, and/or otherwise results in unfair trade practice.
The indemnification, protection, defense and save harmless obligations contained herein
shall survive the expiration, abandonment or termination of this Contract.
C. Nondisclosure of Data:
Data provided by the City either before or after Contract award shall only be used for its
intended purpose. Contractors and Subcontractors shall not utilize nor distribute the City
data in any form without the prior express written approval of the City.
D. Non -Disclosure Obligation:
While performing the Work under this Contract, the Contractor may encounter personal
information, licensed technology, drawings, schematics, manuals, data and other
materials described as "Confidential", "Proprietary" or "Business Secret". The Contractor
shall not disclose or publish the information and material received or used in performance
of this Contract. This obligation is perpetual. The Contract imposes no obligation upon
the Contractor with respect to confidential information which the Contractor can establish
that: a) was in the possession of, or was righffully known by the Contractor without an
obligation to maintain its confidentiality prior to receipt from the City or a third party; b) is
or becomes generally known to the public without violation of this Contract; c) is obtained
by the Contractor in good faith from a third party having the right to disclose it without an
obligation of confidentiality; or, d) is independently developed by the Contractor without
the participation of individuals who have had access to the City's or the third party's
confidential information. If the Contractor is required by law to disclose confidential
information the Contractor shall notify the City of such requirement prior to disclosure.
Page 12 of 40
E. Indemnification:
To the maximum extent permitted by law, Contractor shall, at its cost and expense,
protect, defend, indemnify and hold harmless the City, its elected and appointed officials,
directors, officers, employees, agents, representatives, insurers, attorneys, and
volunteers, from and against any and all demands, liabilities, causes of action, costs and
expenses (including attorney's fees), claims, judgments, or awards of damages, arising
out of or in any way resulting from the acts or omissions of Contractor, its directors,
officers, employees, or agents, relating in any way to the Contractor's performance or
nonperformance under the Contract, or the acts, failures to act, errors or omissions of
the Contractor, or any of Contractor's agents or subcontractors, in performance of this
Contract, unless and except the claims are caused by the City's sole negligence. These
indemnification obligations shall survive the termination of the Contract. The Contractor
agrees that its obligations under this paragraph extend to any demands, liabilities,
causes of action, or claims brought by, or on behalf of, any of its employees or agents.
For this purpose, the Contractor, by mutual negotiation, hereby waives, as respects the
City only, any immunity that would otherwise be available against such claims under any
industrial insurance act, including Title 51 RCW, other Worker's Compensation act,
disability benefit act, or other employee benefit act of any jurisdiction which would
otherwise be applicable in the case of such claim. In addition, the Contractor shall protect
and assume the defense of the City and its officers, agents and employees in all legal or
claim proceedings arising out of, in connection with, or incidental to its indemnity
obligation; and shall pay all defense expenses, including reasonable attorney's fees,
expert fees and costs incurred by the City on account of such litigation or claims. If the
City incurs any judgment, award, and/or cost arising therefrom including reasonable
attorney's fees to enforce the provisions of this article, all such fees, expenses, and costs
shall be recoverable from the Contractor. The City's right to indemnification includes
attorney's fees and costs associated with establishing the right to indemnification
hereunder in favor of the City.
F. Return of Unused Funds:
If Contractor has any unspent funds on hand as of the earlier of December 31, 2024 (or
December 31, 2026 if the Contract term is fully extended), or the termination of this
Contract under Section 13, Contractor shall return all unspent funds to the City within ten
(10) calendar days.
15. False Statements.
Contractor understands that making false statements or claims in connection with this
Contract may be a violation of federal law and may result in criminal, civil, or
administrative sanctions, including fines, imprisonment, civil damages and penalties,
debarment from participating in federal or county awards or contracts, and/or any other
remedy available by law.
16. Publications.
Any publications produced with funds from this Contract must display the following
language: "This project is supported, in whole or in part, by federal award number CFDA
21.027 Coronavirus State and Local Fiscal Recovery Funds awarded to the City of
Yakima, Washington by the U.S. Department of the Treasury."
Page 13 of 40
17. Disclai erbv the City and United States.
A. The United States has expressly disclaimed any and all responsibility or liability
to the City or third persons for the actions of the City or third persons resulting in
death, bodily injury, property damages, or any other losses resulting in any way
from the performance of this award or any other losses resulting in any way from
the performance of the award of Federal funds to the City under section 603(c) of
the Act, or any contract or subcontract under such award.
B. The City expressly disclaims any and all responsibility or liability to the Contractor
or third persons for the actions of the Contractor or third persons resulting in
death, bodily injury, property damages, or any other losses resulting in any way
from the performance of this Contract or any other losses resulting in any way
from the performance of the Contract, or any subcontract thereto.
C. This Contract does not in any way establish an agency relationship between or
among the United States, the City, and/or Contractor.
18. Protection for Whistleblowers.
A. In accordance with 41 U.S.C. § 4712, Contractor may not discharge, demote, or
otherwise discriminate against an employee in reprisal for disclosing to any of the
list of persons or entities provided below, information that the employee
reasonably believes is evidence of gross mismanagement of a federal contract or
grant, a gross waste of federal funds, an abuse of authority relating to a federal
contract or grant, a substantial and specific danger to public health or safety, or a
violation of law, rule, or regulation related to a federal contract (including the
competition for or negotiation of a contract) or grant.
B. The list of persons and entities referenced in the paragraph above includes the
following:
i. A member of Congress or a representative of a committee of Congress;
ii. An Inspector General;
iii. The Government Accountability Office;
iv. A Treasury employee responsible for contract or grant oversight or
management;
v. An authorized official of the Department of Justice or other law enforcement
agency;
vi. A court or grand jury; or
vii. A management official or other employee of Contractor, contractor, or
subcontractor who has the responsibility to investigate, discover, or address
misconduct.
C. Contractor shall inform its employees in writing of the rights and remedies
provided under this section, in the predominant native language of the workforce.
19. increasing Seat Belt Use in the United States.
Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Contractor is encouraged
to adopt and enforce on-the-job seat belt policies and programs for its their employees
Page 14 of 40
when operating company -owned, rented or personally owned vehicles.
20. Reducing Text Messaging While Driving.
Pursuant to Executive Order 13513, 74 FR 51225 (October 6, 2009), Contractor is
encouraged to adopt and enforce policies that ban text messaging while driving, and to
establish workplace safety policies to decrease accidents caused by distracted drivers.
21. Insurance Requirements.
Upon execution of this Contract, the Contractor, at its own cost, shall have procured and will
maintain for the duration of this Contract, insurance as specified in the Minimum Scope and
Limits of Insurance. The County reserves the right to require complete, certified copies of all
required insurance policies at any time.
Each insurance policy shall be written on an "occurrence" form; except that professional liability,
errors and omissions, will be acceptable on a "claims made" form.
If coverage is approved and purchased on a "claims made" basis, the Contractor warrants
continuation of coverage, either through policy renewals or the purchase of an extended
discovery period, if such extended coverage is available, for not less than three years from the
date of completion of the Work which is the subject of this Contract.
By requiring such minimum insurance coverage, the County shall not be deemed or construed
to have assessed the risks that may be applicable to the Contractor under this Contract. The
Contractor shall assess its own risks and, if it deems appropriate and/or prudent, maintain
greater limits and/or broader coverage.
Nothing contained within these insurance requirements shall be deemed to limit the scope,
application and/or limits of the coverage afforded, which coverage will apply to each insured to
the full extent provided by the terms and conditions of the policy(s). Nothing contained within
this provision shall affect and/or alter the application of any other provision contained within this
Contract.
A. Commercial Liability Insurance
Before this Contract is fully executed by the parties, Contractor shall provide the City with
a certificate of insurance as proof of commercial liability insurance with a minimum liability
limit of Two Million Dollars ($2,000,000.00) per occurrence, combined single limit bodily
injury and property damage, and Two Million Dollars ($2,000,000.00) general aggregate.
If Contractor carries higher coverage limits, such limits shall be shown on the Certificate
of Insurance and Endorsements and the City, its elected and appointed officials,
employees, agents, attorneys and volunteers shall be named as additional insureds for
such higher limits. The certificate shall clearly state who the provider is, the coverage
amount, the policy number, and when the policy and provisions provided are in effect. Said
policy shall be in effect for the duration of the Contract. The policy shall name the City of
Yakima, its elected and appointed officials, employees, agents, attorneys and volunteers
as additional insureds, and shall contain a clause that the insurer will not cancel or change
the insurance without first giving the City prior written notice. The insurance shall be with
an insurance company or companies rated A-VII or higher in Best's Guide and admitted to
the State of Washington. The requirements contained herein, as well as the City of
Yakima's review or acceptance of insurance maintained by Contractor is not
Page 15 of 40
intended to and shall not in any manner limit or qualify the liabilities or obligations assumed
by Contractor under this Contract.
B. Automobile Liability Insurance
Before this Contract is fully executed by the parties, Contractor shall provide the City with
a certificate of insurance as proof of automobile liability insurance with a minimum liability
limit of Two Million Dollars ($2,000,000.00) per occurrence. If Contractor carries higher
coverage limits, such limits shall be shown on the Certificate of Insurance and
Endorsements and the City, its elected and appointed officials, employees, agents,
attorneys and volunteers shall be named as additional insureds for such higher limits. The
certificate shall clearly state who the provider is, the coverage amount, the policy number,
and when the policy and provisions provided are in effect. Said policy shall be in effect for
the duration of this Contract. The policy shall name the City of Yakima, its elected and
appointed officials, employees, agents, attorneys, representatives, and volunteers as
additional insureds, and shall contain a clause that the insurer will not cancel or change
the insurance without first giving the City prior written notice. The insurance shall be with
an insurance company or companies rated A-VII or higher in Best's Guide and admitted in
the State of Washington. The requirements contained herein, as well as City of Yakima's
review or acceptance of insurance maintained by Contractor is not intended to and shall
not in any manner limit or qualify the liabilities or obligations assumed by Contractor under
this Contract. The business auto liability shall include Hired and Non -Owned coverage if
necessary.
C. Employer's Liability (Stop Gap)
Contractor and all subcontractor(s) shall at all times comply with all applicable workers'
compensation, occupational disease, and occupational health and safety laws, statutes,
and regulations to the full extent applicable, and shall maintain Employer's Liability
Insurance with a limit of no less than $1,000,000.00. The City shall not be held responsible
in any way for claims filed by Contractor or its employees for services performed under the
terms of this Contract including claims resulting from negligent acts of all subcontractors.
Contractor is responsible to ensure subcontractors have insurance as needed. Failure of
subcontractors to comply with insurance requirements does not limit Contractor's liability
or responsibility.
D. Professional Service
Contractor shall provide evidence of Professional Liability Insurance covering professional
errors and omissions. Such policy must provide the following minimum limits:
$2,000,000.00 per claim. If insurance is on a claims made form, its retroactive date, and
that of all subsequent renewals, shall be no later than the effective date of this Contract.
E. Subcontractors
The Contractor shall include all Subcontractors as insureds under its policies or shall
furnish separate certificates of insurance and policy endorsements for each Subcontractor.
Insurance coverages provided by Subcontractors as evidence of compliance with the
insurance requirements of this Contract not provided by the Contractor, shall be subject to
Page 16 of 40
all of the requirements stated herein.
F. Work Site Safety
The Contractor shall have the "right to control" and bear the sole responsibility for the job
site conditions, and job site safety. The Contractor shall comply with all applicable federal,
state and local safety regulations governing the job site, employees and Subcontractors.
The Contractor shall be responsible for the Subcontractor's compliance with these
provisions.
22. Assignment
Contractor shall not assign any interest, obligation or benefit under or in this Contract or transfer
any interest in the same, whether by assignment or novation, without prior written consent of the
City. If assignment is approved, this Contract shall be binding upon and inure to the benefit of
the successors of the assigning party upon the written agreement by assignee to assume and
be responsible for the obligations and liabilities of the Contract, known and unknown, and
applicable law.
If at any time during the Contract term the Contractor experiences a change in its name or
federal tax status either through acquisition, novation, assignment, re -organization or some
other change that affects its Taxpayer Identification Number (TIN) or Tax Reporting Name, it
shall notify the City of Yakima immediately upon the information becoming publicly available.
This notification shall be sent by the Contractor to the current Contract Specialist via email along
with:
A. Any official announcements from the firm's representative(s) regarding the changes;
B. A new City of Yakima W-9; and
C. A current statement, listing of unfilled orders and electronic versions of all outstanding
invoices and credit memos at the time of the change shall be provided to the Contract
Specialist as soon as possible.
Any delay on the part of the Contractor to provide these items to the Contract Specialist may
result in the delay of payment and orders. The City may create a new contract number to replace
the existing one. All future orders and Contract Amendments will reference the new contract
number.
23. S u bc o ntracti ng
A. Written Consent of the City:
The Contractor shall not subcontract any portion of this Contract or transfer or assign
any claim arising pursuant to this Contract without the prior written consent of the City.
The City's consent must be sought in writing by the Contractor not less than 15 days
prior to the date of any proposed subcontract.
The rejection or approval by the City of any subcontractor or the termination of a
subcontractor will not relieve Contractor of any of its responsibilities under the Contract,
nor be the basis for additional charges to the City.
In no event will the existence of the subcontract operate to release or reduce the liability
of Contractor to the City for any breach in the performance of Contractor's duties.
Page 17 of 40
The City has no contractual obligations to any subcontractor or vendor under contract to
the Contractor. Contractor is fully responsible for all contractual obligations, financial or
otherwise, to its subcontractors.
B. "Subcontract" Defined:
"Subcontract" shall mean any agreement between the Contractor and a subcontractor or
between subcontractors that is based on this Contract, provided that the term
"subcontract" does not include the purchase of (1) support services not related to the
subject matter of this Contract, or (2) supplies.
C. Required Clauses for Subcontracts:
The Contractor shall include Sections:
Section # Description
1 Contractor capacity, technical assistance, compliance with Act and
Definitions section
5 Internal Control and Accounting System
7 Maintenance of Records
8 Evaluations and Ins •ections
11 Financial Report Submission
14 Hold Harmless and Indemnification
15 False Statements
16 Publications
17 Disclaimer by the City and United States
18 Protection of Whistleblowers
19 Increasing Seat Belt Use in the United States
20 Reducin • Text Messa• in. While Drivin•
Insurance Requirements
21
23
24
25
34
Subcontractin •
Nondiscrimination
Conflict of Interest
Services Provided in Accordance with Law and Rule and Regulation
35 A. • licable Law
40 Payment Procedures: Prompt Payment for Subcontractors
46 Background Checks
47 Subaward Language
in every subcontract or purchase agreement for services that relate to the subject matter of this
Contract.
D. Required Language for Subcontracts:
The Contractor shall include the following language verbatim in every subcontract for
services which relate to the subject matter of this Contract:
"Subcontractor shall protect, defend, indemnify, and hold harmless the City of Yakima,
its elected and appointed officials, officers, employees, agents, representatives, insurers,
attorneys, and volunteers, from any and all costs, claims, judgments, and/or awards of
damages arising out of, or in any way resulting from any act or omissions of
subcontractor, its officers, employees, and/or agents in connection with or in support of
Page 18 of 40
this Contract. Subcontractor expressly agrees and understands that the City of Yakima
is a third -party beneficiary to its Contract with Contractor and shall have the right to bring
an action against subcontractor to enforce the provisions of this paragraph."
24. Nondiscrimination.
A. The Contractor shall comply with all applicable federal, state and local laws regarding
discrimination, including those set forth in this Section.
Nondiscrimination:
During performance of the Contract, the Contractor shall not discriminate against any
employee or applicant for employment because of the employee's or applicant's sex,
race, color, marital status, national origin, religious affiliation, disability, sexual
orientation, gender identity or expression or age except by minimum age and retirement
provisions, unless based upon a bona fide occupational qualification. The Contractor will
make equal employment opportunity efforts to ensure that applicants and employees are
treated equitably, without regard to their sex, race, color, marital status, national origin,
religious affiliation, disability, sexual orientation, gender identity or expression or age.
C. Equal Employment Opportunity Efforts:
The Contractor will undertake, and require all Subcontractors to undertake equal
employment opportunity efforts to ensure that applicants and employees are treated,
without regard to their sex, race, color, marital status, national origin, religious affiliation,
disability, sexual orientation, gender identity or expression or age. Equal employment
opportunity efforts shall include, but not be limited to, the following: employment,
upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeships. The Contractor agrees to post, and to require Subcontractors
to post in conspicuous places available to employees and applicants for employment
notices setting forth this nondiscrimination clause.
Nondiscrimination in Subcontracting Practices:
During the term of this Contract, the Contractor shall not create barriers to open and fair
opportunities to participate in City contracts or to obtain or compete for contracts and
subcontracts as sources of supplies, equipment, construction and services. In
considering offers from and doing business with subcontractors and suppliers, the
Contractor shall not discriminate against any person because of their sex, race, color,
marital status, national origin, religious affiliation, disability, sexual orientation, gender
identity or expression or age except by minimum age and retirement provisions, unless
based upon a bona fide occupational qualification.
E. Sanctions for Violations:
Any violation of the mandatory requirements of the provisions of this Section shall be a
material breach of Contract, for which the Contractor may be subject to damages,
withholding payment and any other sanctions provided for by Contract and by applicable
law.
Page 19 of 40
25. Conflict of Interest.
Contractor understands and agrees it must maintain a conflict of interest policy
consistent with 2 C.F.R. § 200.318(c) and that such conflict of interest policy is applicable
to each activity funded under this award. Contractor and subrecipients must disclose in
writing any potential conflict of interest affecting the awarded funds in accordance with
2 C.F.R. § 200.112.
26. Equipment Purchase, Maintenance, and Ownership.
A. Equipment Maintenance:
The Contractor agrees that when Contract funds are used to pay for all or part of the
purchase costs of any equipment that costs $5,000 or more per item, and the purchase
of such equipment is identified in an exhibit to this Contract, such equipment is, upon the
purchase or receipt, the property of the City and/or federal/state government. The
Contractor shall be responsible for all proper care and maintenance of the equipment,
including securing and insuring such equipment.
B. Equipment Ownership.
The Contractor shall ensure that all such equipment is returned to the City or
federal/state government upon termination of this Contract, or if the Contractor ceases
using the purchased equipment for services that meet the requirements and conditions
of this Contract and its exhibits. In no event shall any equipment purchased with
Contract funds be sold, transferred, assigned, donated, discarded, deemed surplus, or
otherwise transferred to a third party without first notifying the City and providing the City
an opportunity to retrieve the equipment, at no cost to the City, from Contractor. In no
event shall any equipment purchased with Contract funds be transferred in any manner
without the prior written consent of the City.
27. Proprietary Rights.
A. Ownership Rights of Materials Resulting from Contract:
Except as indicated below or as described in an Exhibit, the parties to this Contract
hereby agree that if any patentable or copyrightable material or article should result from
the work described herein, all rights accruing from such material or article shall be the
sole property of the City. To the extent that any rights in such materials vest initially with
the Contractor by operation of law or for any other reason, the Contractor hereby
perpetually and irrevocably assigns, transfers and quitclaims such rights to the City. The
City agrees to and does hereby grant to the Contractor a perpetual, irrevocable,
nonexclusive, and royalty -free license to use and create derivative works, according to
law, any material or article and use any method that may be developed as part of the
work under this Contract.
B. Ownership Rights of Previously Existing Materials:
The Contractor shall retain all ownership rights in any pre-existing patentable or
copyrightable materials or articles that are delivered under this Contract, but do not
originate from the work described herein. The Contractor agrees to and does hereby
Page 20 of 40
grant to the City a perpetual, irrevocable, nonexclusive, and royalty -free license to use
and create derivative works, according to law, any pre-existing material or article and
use any method that may be delivered as part of the work under this Contract.
C. Continued Ownership Rights:
The Contractor shall sign all documents and perform other acts as the City deems
necessary to secure, maintain, renew, or restore the rights granted to the City as set
forth in this section.
28. Political Activity Prohibited.
None of the funds, materials, property, or services provided directly or indirectly under this
Contract shall be used for any partisan political activity or to further the election or defeat of any
candidate for public office.
29. Future S LI pPOrt.
The City makes no commitment to support contracted services and assumes no obligation for
future support of the contracted activity or activities that will be undertaken by Contractor at the
domestic violence shelter, except as expressly set forth in this Contract.
30. Entire Contract.
The parties agree that this Contract is the complete expression of the described subject matter,
and any oral or written representations or understandings not incorporated herein are excluded.
Both parties recognize that time is of the essence in the performance of this Contract.
31. Contract Amendments.
Either party may request changes to this Contract. Proposed changes that are mutually agreed
upon shall be incorporated only by written amendments to this Contract.
32. Notices.
Whenever this Contract provides for notice by one party to another, such notice shall be in
writing and directed to each party's contact representative indicated within the contract exhibits.
Any time within which a party must take some action shall be computed from the date that any
associated required notice is received by that party.
Unless otherwise specified in the Contract, all notices or documentation required or provided
pursuant to this Contract shall be in writing and shall be deemed duly given when received at
the addresses first set forth below via certified or registered first class mail, return receipt
requested, personal delivery or electronic mail. However, if any of the following occur: "notice to
cure" a default, Contractor communication in connection with an alleged default, or notice of
termination, such notice or communication shall only be delivered personally, or by certified or
registered first class mail, return receipt requested.
Page 21 of 40
CITY OF YAKIMA
Robert Harrison
City Manager
129 North 2"ci Street
Yakima, WA 98901
bob.harrison@yakimawa.gov
Copy to:
Gaily Price
129 North 2nd Street
Yakima, WA 98901
cally.price@yakimawa.gov
CONTRACTOR
Madelyn Carlson
CEO, People For People
312 W. Lincoln Avenue
Yakima, WA 98902
mcarlsonQpfp.org
33. Services Provided in Accordance with Law and Rule and Regulation.
The Contractor and any subcontractor agree to abide by the laws of the state of Washington,
rules and regulations promulgated thereunder, and regulations of the state and federal
governments, as applicable, which control disposition of funds granted under this Contract, all
of which are incorporated herein by reference.
If there is an irreconcilable conflict between any of the language contained in any exhibit or
attachment to this Contract, the language in the Contract shall control over the language
contained in the exhibit or the attachment, unless the exhibit provision expressly indicates that
it controls over inconsistent contract language. If there is conflict among requirements set forth
in exhibits, language contained in the lower numbered exhibit shall control unless the higher
numbered exhibit provision expressly indicates that it controls over inconsistent lower numbered
exhibit language.
34. Applicable Law.
A. This Contract shall be construed and interpreted in accordance with the laws of the State
of Washington. The venue for any action hereunder shall be in the Superior Court for
Yakima County, Washington.
B. Contractor agrees to comply with the requirements of section 603 of the Act, the
Treasury's regulations implementing that section, and guidance issued by
Treasury regarding the foregoing. Contractor also agrees to comply with all other
applicable federal laws, regulations, and executive orders, and Contractor shall
provide for such compliance by other parties in any agreements it enters into with
other parties relating to this Contract.
C. Federal regulations applicable to this award include, without limitation, the
following:
Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards, 2 C.F.R. Part 200, including the following:
i. Subpart A, Acronyms and Definitions;
iL Subpart B, General Provisions;
111. Subpart C, Pre -Federal Award Requirements and Contents of Federal
Page 22 of 40
Awards;
iv. Subpart D, Post -Federal Award Requirements;
v. Subpart E, Cost Principles; and
vi. Subpart F, Audit Requirements.
Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25,
pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby
incorporated by reference.
Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170,
pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is
hereby incorporated by reference.
OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Non -
procurement), 2 C.F.R. Part 180, including the requirement to include a term or
condition in all lower tier covered transactions (contracts and subcontracts
described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part
180 and Treasury's implementing regulation at 31 C.F.R. Part 19.
Recipient Integrity and Performance Matters, pursuant to which the award term set
forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by
reference.
Governmentwide Requirements for Drug -Free Workplace, 31 C.F.R. Part 20.
New Restrictions on Lobbying, 31 C.F.R. Part 21.
Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C.
§§ 4601-4655) and implementing regulations.
Generally applicable federal environmental laws and regulations.
D. Statutes and regulations prohibiting discrimination applicable to this award include,
without limitation, the following:
i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's
Implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on
the basis of race, color, or national origin under programs or activities receiving
federal financial assistance;
ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et
seq.), which prohibits discrimination in housing on the basis of race, color,
religion, national origin, sex, familial status, or disability;
iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which
prohibits discrimination on the basis of disability under any program or activity
receiving federal financial assistance;
iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and
Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit
discrimination on the basis of age in programs or activities receiving federal
financial assistance; and
Page 23 of 40
v. Title ll of the Americans with Disabilities Act of 1990, as amended (42 U.S.C.
12101 et seq.), which prohibits discrimination on the basis of disability under
programs, activities, and services provided or made available by state and local
governments or instrumentalities or agencies thereto;
vi. Hatch Act. Contractor agrees to comply, as applicable, with requirements of the
Hatch Act (5 U.S.C.§§ 1501-1508 and 7324-7328), which limits certain political
activities of federal employees, as well as certain other employees who work in
connection with federally funded programs.
E. PROHIBITION ON PROVIDING FUNDS TO THE ENEMY (2 CFR 183)
i. The Contractor must exercise due diligence to ensure that none of the funds, including
supplies and services, received under this Contract are provided directly or indirectly
(including through subcontracts) to a person or entity who is actively opposing the United
States or coalition forces involved in a contingency operation in which members of the
Armed Forces are actively engaged in hostilities. The Contractor must terminate or void
in whole or part any subcontract with a person or entity listed in the System Award
Management Exclusions (SAM) as a prohibited or restricted sources pursuant to subtitle
E of Title VIII of the NDAA for FY 2015, unless the Federal awarding agency provides
written approval to continue the subcontract.
ii. The Federal awarding agency has the authority to terminate or void this Contract, in
whole or in part, if the Federal awarding agency becomes aware that the Contractor
failed to exercise due diligence as required by paragraph A of this clause of if the Federal
awarding agency becomes aware that any funds received under this Contract have been
provided directly or indirectly to a person or entity who is actively opposing coalition
forces involved in a contingency operation in which members of the Armed Forces are
actively engaged in hostilities.
iii. In addition to any other existing examination -of -records authority, the Federal
Government is authorized to examine any records of the Contractor and its Subcontracts
to the extent necessary to ensure that funds, including supplies and services, available
under this Contract are not provided, directly or indirectly, to a person or entity that is
actively engaged in hostilities, except for awards awarded by the Department of Defense
on or before Dec 19, 2017 that will be performed in the United States Central Command
(USCENTCOM) theater of operations.
iv. The Contract must include the substance of this clause, including paragraph, in
subcontracting agreements that have an estimated value over $50,000 and will be
performed outside the United States, including its outlying areas.
F. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE
SERVICES OR EQUIPMENT (CFR 200.216)
i. Costs incurred for telecommunications and video surveillance services or equipment
such as phones, internet, video surveillance, cloud servers are allowable except for the
following circumstances:
ii. Contractor and Subcontractor are prohibited from obligating or expending contract funds
to:
a. Procure or obtain;
b. Extend or renew a contract to procure or obtain; or
c. Enter into a contract (or extend or renew a contract) to procure or obtain equipment,
Page 24 of 40
services, or systems that uses covered telecommunications equipment or services
as a substantial or essential component of any system, or as critical technology as
part of any system. As described in Public Law 115-232, section 889, covered
telecommunications equipment is telecommunications equipment produces by
Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate
of such entities).
1. For the purpose of public safety, security of government facilities, physical
security surveillance of critical infrastructure, and other national security
purposes, video surveillance and telecommunications equipment produced
by Hytera Communications Corporation, Hangzhou Hikvision Digital
Technology Company, or Dahua Technology Company (or any subsidiary or
affiliate of such entities).
2. Telecommunications or video surveillance services provided by such entities
or using such equipment.
3. Telecommunications or video surveillance equipment or services produced
or provided by an entity that the Secretary of Defense, in consultation with
the Director of the National Intelligence or the Director of the Federal Bureau
of Investigation, reasonably believes to be an entity owned or controlled by,
or otherwise connected to, the government of a covered foreign country.
DOMESTIC PREFERENCES FOR PROCUREMENTS (CFR 200.322)
i. As appropriate and to the extent consistent with law, the Contractor should, to the
greatest extent practicable under a Federal award, provide a preference for the
purchase, acquisition, or use of goods, products, or materials produced in the United
States (including but not limited to iron, aluminum, steel, cement, and other
manufactured products). The requirements of this section must be included in all
subcontracting agreements and purchase orders for work or products under this
contract.
ii. For purposes of this section:
a. "Produced in the United States" means, for iron and steel products, that all
manufacturing processes, from the initial melting state through the application of
coatings, occurred in the United States.
b. "Manufactured products" means items and construction material composed in
whole or in part of non-ferrous metals such as aluminum; plastics and polymer -
based products such as polyvinyl chloride pipe; aggregates such as concrete;
glass, including optical fiber; and lumber.
35. No Third -Party Beneficiaries.
Except for the parties to whom this Contract is assigned in compliance with the terms of this
Contract, there are no third party beneficiaries to this Contract, and this Contract shall not impart
any rights enforceable by any person or entity that is not a party hereto.
36. Non -Waiver of Breach.
Waiver of any default shall not be deemed to be a waiver of any subsequent default. No action
or failure to act by the City shall constitute a waiver of any right or duty afforded to the City under
the Contract; nor shall any such action or failure to act by the City modify the terms of the
Contract or constitute an approval of, or acquiescence in, any breach hereunder, except as may
be specifically stated by the City in writing.
Page 25 of 40
37. Emergency Response Requirements.
Within three months of the execution of this Contract, the Contractor shall prepare and make
available to the City upon request, the necessary plans, procedures and protocols to:
A. Respond to and recover from a natural disaster or major disruption to Contractor
operations such as a work stoppage.
B. Continue operations during a prolonged event such as a pandemic.
If the Contractor does not have any such plan as of the start of this Contract, the
Contractor may request (i) an extension of the time needed to create a plan, and (ii) for
assistance from the City in preparing such a plan.
At a minimum, any plans, procedures, or protocols described in this section must include
how the Contractor plans to continue to provide the services described in or funded by
this Contract.
38. Contractor Certification.
By signing this Contract, the Contractor certifies that, in addition to agreeing to the terms and
conditions provided herein, it has read and understands all contracting requirements as
contained in this Contract and the Exhibits and Attachments hereto.
39. Payment Procedures; Prompt Payment of Subcontractors.
For Work Accepted by the City the Contractor shall furnish invoices to the City. All invoices shall
be sent to the City of Yakima, c/o the Finance Department. All invoices shall contain the following
information:
A. Invoice date
B. Purchase order number (if provided by the City)
C. Ship to address/location
D. Remit address
E. Item number(s)
F. Description of supplies or services
G. Quantities
H. Unit prices
I. Subtotal and totals amount
J. Discount terms or amount, if applicable
K. Applicable sales tax with correct tax rate based on destination.
Page 26 of 40
For each item invoiced, provide the complete description of the products, services, phases
or milestones accepted, hours worked and Contract hourly rates, or authorized fees.
The City will not be bound by prices contained in an invoice that are higher than those in Exhibit
B, or if not used as part of this Contract, then the current price list for this Contract approved by
the City. Within thirty (30) Days after receipt of an invoice, the City shall pay the Contractor for
Accepted Work, upon acceptance of payment Contractor waives any claims for the Work
covered by the invoice.
If the Contractor is registered with the State of Washington it shall add all applicable State sales
or use taxes to each invoice and upon receipt of the payment promptly remit appropriate
amounts to the State of Washington, or the City will make payment directly to the State.
The Contractor agrees to pay each Subcontractor under this Contract for satisfactory
performance of its Subcontract within ten (10) Days from the receipt of each payment the
Contractor receives from the City.
40. Pricing.
Prices shall remain firm for the duration of the Contract. The Contractor may request a price
change(s) in writing delivered to the City. The Contractor shall provide documentation
satisfactory to the City in support of its request. The City reserves the right, in its sole discretion,
to grant the request as submitted, engage the Contractor in a discussion about modifications to
the request, or deny the request in its entirety. Any change in pricing granted by the City shall
be affected through a Contract Amendment instituting the price adjustment and establishing an
effective date.
41. Shipping Charges
All prices shall include freight FOB to the designated delivery point. The City shall reject requests
for additional compensation for freight charges.
42. Force Majeure
The term "force majeure" shall include, without limitation by the following enumeration: acts of
nature, acts of civil or military authorities, terrorism, fire, accidents, shutdowns for purpose of
emergency repairs, industrial, civil or public disturbances, causing the inability to perform the
requirements of this Contract; provided, however, "force majeure" shall not include the COVID-
19 pandemic which is ongoing as of the date of the execution of this Contract. If any party is
rendered unable, wholly or in part, by a force majeure event to perform or comply with any
obligation or condition of this Contract, upon giving notice and reasonably full particulars to the
other party, such obligation or condition shall be suspended only for the time and to the extent
commercially practicable to restore normal operations. In the event the Contractor ceases to be
excused pursuant to this provision, then the City shall be entitled to exercise any remedies
otherwise provided for in this Contract, including termination for default.
43. Severbillt.
Whenever possible, each provision of this Contract shall be interpreted to be effective and valid
under applicable law. If any provision is found to be invalid, illegal or unenforceable, then such
Page 27 of 40
provision or portion thereof shall be modified to the extent necessary to render it legal, valid and
enforceable and have the intent and economic effect as close as possible to the invalid, illegal
and unenforceable provision.
44. Background Checks.
Contractor warrants and represents that each and every Contractor employee can meet the
following requirements: (a) No convictions within the past ten (10) years for crimes involving
computers, moral turpitude, including fraud, perjury, dishonesty; and (b) No adverse
employment actions within the past ten (10) years regarding dishonesty or the use or misuse of
computers.
Contractor employees needing access to secure areas, records, or systems may be required to
complete a security/background check by the City. The City may require Contractor's
employees, agents, consultants or Subcontractors to complete a brief questionnaire and
complete fingerprinting as part of the investigation process. The required background check will
review and evaluate driving records, criminal records, employment histories, military records,
personal and employment references and related information. Contractor employees failing the
background check may, at the sole discretion of the City, be restricted from working within
secured areas or with City systems in any capacity. The Contractor will assign alternative staff
who have passed the background check to meet the requirements of the Contract.
45. Subaward Language.
Pursuant to 2 C.R.F. Part 200.320, an agency must make a determination whether the
scope of work falls under a Subrecipient or Contractor relationship. The non -Federal
entity may concurrently receive Federal awards as a recipient, a subrecipient, and a
contractor, depending on the substance of its agreements with Federal awarding
agencies and pass -through entities. Therefore, a pass -through entity must make case -
by -case determinations whether each agreement it makes for the disbursement of
Federal program funds casts the party receiving the funds in the role of a subrecipient or
a contractor. The Federal awarding agency may supply and require recipients to comply
with additional guidance to support these determinations provided such guidance does
not conflict with this section.
A. Subrecipients. A subaward is for the purpose of carrying out a portion of a Federal
award and creates a Federal assistance relationship with the subrecipient.
Characteristics which support the classification of the non -Federal entity as a
subrecipient include when the non -Federal entity:
i. Determines who is eligible to receive what Federal assistance;
H. Has its performance measured in relation to whether objectives of a Federal
program were met;
iii. Has responsibility for programmatic decision making;
iv. Is responsible for adherence to applicable Federal program requirements
specified in the Federal award; and
v. In accordance with its agreement, uses the Federal funds to carry out a program
Page 28 of 40
for a public purpose specified in authorizing statute, as opposed to providing
goods or services for the benefit of the pass -through entity.
B. Contractors. A contract is for the purpose of obtaining goods and services for the
non -Federal entity's own use and creates a procurement relationship with the
contractor. Characteristics indicative of a procurement relationship between the
non -Federal entity and a contractor are when the contractor:
i. Provides the goods and services within normal business operations;
ii. Provides similar goods or services to many different purchasers;
iii. Normally operates in a competitive environment;
iv. Provides goods or services that are ancillary to the operation of the Federal
program; and
v. Is not subject to compliance requirements of the Federal program as a result of
the agreement, though similar requirements may apply for other reasons.
C. Use of Judgment in Making Determination. In determining whether an agreement
between a pass -through entity and another non -Federal entity casts the latter as
a subrecipient or a contractor, the substance of the relationship is more important
than the form of the agreement. All of the characteristics listed above may not be
present in all cases, and the pass -through entity must use judgment in classifying
each agreement as a subaward or a procurement contract.
If the agency determines that the scope of work falls under a subrecipient relationship, all of the
information below must be included in any subaward agreement:
(i) Subrecipient agency name (which must
match the name associated with its unique
entity identifier);
(ii) Subrecipient agency's unique entity
identifier (i.e. DUNS);
(iii) Federal Award Identification Number
FAIN or Federal;
People For People
14-440-6667
CFDA 21.027
(iv) Federal Award Date;
(v) Subrecipient agency Period of
Performance Start and End Date;
(vi) Amount of Federal Funds Obligated to the
subrecipient agency by this action;
(vii) Total Amount of Federal Funds Obligated
to the subrecipient agency;
(viii) Total Amount of the Federal Award
committed to the subrecipient;
(ix) Federal award project description, as
required to be responsive to the Federal
Funding Accountability and Transparency
Act fFFATA)
March 3, 2021 through December 31, 2024
March 3, 2021 through December 31, 2024
Ninety -Nine Thousand Six Hundred Twenty
and 28/100 Dollars ($99,620.28)
Ninety -Nine Thousand Six Hundred Twenty
and 28/100 Dollars ($99,620.28)
Ninety -Nine Thousand Six Hundred Twenty
and 28/100 Dollars ($99,620.28)
CORONAVIRUS STATE AND LOCAL
FISCAL RECOVERY FUNDS — CITY OF
YAKIMA, Public Health Category
Page 29 of 40
(x) Name of Federal awarding agency, pass -
through entity, and contact information for
awarding official
(xi) CFDA Number and Name; the pass -
through entity must identify the dollar
amount made available under each Federal
award and the CFDA number at time of
disbursement;
(xii) Identification of whether the award is
R&D; and
(xiii) Indirect cost rate for the Federal Award
Is the agency a subrecipient for the purposes
of this agreement?
Federal Awarding Agency: DEPARTMENT
OF THE TREASURY
Pass -Through Entity:
CITY OF YAKIMA
Jennifer Ferrer -Santa Ines
Finance Director
Jenniferferrer@yakimawa.gov
CFDA 21.027 Coronavirus State and Local
Fiscal Recovery Funds
No
N/A
Yes
The subawardee must be in compliance with the below and must note the required information
in their subaward agreements:
(1)
A requirement that the subrecipient permit the pass -through entity and auditors
to have access to the subrecipient's records and financial statements as
necessary for the pass -through entity to meet the requirements of this part; and
(2) Appropriate terms and conditions concerning closeout of the subaward.
(3)
All requirements imposed by the pass -through entity on the subrecipient so that
the Federal award is used in accordance with Federal statutes, regulations and the
terms and conditions of the Federal award;
(4) Any additional requirements that the pass -through entity imposes on the
subrecipient in order for the pass -through entity to meet its own responsibility to
the Federal awarding agency including identification of any required financial and
performance reports;
Evaluate each subrecipient's risk of noncompliance with Federal statutes,
regulations, and the terms and conditions of the subaward for purposes of
determining the appropriate subrecipient monitoring described in paragraphs (d)
and (e) of this section, which may include consideration of such factors as:
(a) The subrecipient's prior experience with the same or similar subawards;
(b) The results of previous audits including whether or not the subrecipient
receives a Single Audit in accordance with Subpart F-Audit Requirements of this
part, and the extent to which the same or similar subaward has been audited as a
major program;
(5)
(c) Whether the subrecipient has new personnel or new or substantially changed
systems; and
(d) The extent and results of Federal awarding agency monitoring (e.g., if the
Page 30 of 40
(6)
(7)
(8)
(9)
subrecipient also receives Federal awards directly from a Federal awarding
agency).
Consider imposing specific subaward conditions upon a subrecipient if
appropriate as described in §200.207 Specific conditions.
Monitor the activities of the subrecipient as necessary to ensure that the subaward
is used for authorized purposes, in compliance with Federal statutes, regulations,
and the terms and conditions of the subaward; and that subaward performance
goals are achieved. Pass -through entity monitoring of the subrecipient must
include:
(a) Reviewing financial and performance reports required by the pass -through
entity.
(b) Following -up and ensuring that the subrecipient takes timely and appropriate
action on all deficiencies pertaining to the Federal award provided to the
subrecipient from the pass -through entity detected through audits, on -site
reviews, and other means.
(c) Issuing a management decision for audit findings pertaining to the Federal
award provided to the subrecipient from the pass -through entity as required by
§200.521 Management decision.
Depending upon the pass -through entity's assessment of risk posed by the
subrecipient (as described in paragraph (b) of this section), the following
monitoring tools may be useful for the pass -through entity to ensure proper
accountability and compliance with program requirements and achievement of
performance goals:
(a) Providing subrecipients with training and technical assistance on program -
related matters; and
(b) Performing on -site reviews of the subrecipient's program operations;
(c) Arranging for agreed -upon -procedures engagements as described in §200.425
Audit services.
Verify that every subrecipient is audited as required by Subpart F—Audit
Requirements of this part when it is expected that the subrecipient's Federal
awards expended during the respective fiscal year equaled or exceeded the
threshold set forth in §200.501 Audit requirements.
(10) Consider whether the results of the subrecipient's audits, on -site reviews, or other
monitoring indicate conditions that necessitate adjustments to the pass -through
entity's own records.
(11) Consider taking enforcement action against noncompliant subrecipients as
described in §200.338 Remedies for noncompliance of this part and in program
regulations.
Page 31 of 40
IN WITNESS WHEREOF, the parties hereby agree to the terms and conditions of this Contract:
CITY OF YAKIMA
Robert Harrison, City Manager
Date
Atte
citiCierk
Resolution: R-2023-
Contract 2023- "
PEOPLE FOR PEOPLE
Mad yn Car ,CEO
Date
Page 32 of 40
EXHIBIT A - SCOPE OF WORK
Scope ofWork
RFP 12238P Community Partnership Development Services called for proposals from 501 (C) (3) non-profit
agencies to partner with the City of Yakima for ARPA funded projects. Qualified submittals had to meet
Section 2, Responding to Public Health Emergency/Negative Economic Impacts, of the Department of
Treasury State and Local Fiscal Recovery Funds guidelines.
The proposal submitted from People for People met the eligibility requirements as outlined in section 2.1-
FoodPro8rano(FoodasoistanceasaSeniorNuthtionPro8nam)in|inew/iththefine|nuhe8uideUnesbsued
bythe U.S.Department cf the Treasury. The scope ofwork with this award will allow People for People
to purchase needed equipment to help meet the increasing demand for their services to provide meals to
the city's vulnerable seniors that have been affected by the COVID-19 pandemic.
EXHIBIT B - PRICE ATTACHMENT
PEOPLE FOR PEOPLE
Cost Category
COMMERCIAL KITCHEN EQUIPMENT
Quantity Unit Price
Total Amount
Pratica (Rapid Cook Oven)
Bread Proofer
Triple 5 Quart Soup Warmer
Three Pan Open Well Steam Tables
Handwashing Sink -Cafe Prep
Refrigerated Sandwich Prep Table-3 Door
Espresso Machine
Gallon Dual Coffee Brewer
Coffee Station Cupboard
Oliver 1908-Sealer
Electric Cooktop/Hot Plate -demos
Gas Range
Cafe Tables
Cafe Chairs
Commercial Washer & Dryer
Handwashing Sinks -Kitchen
Mop Sink
Subtotal
Tax 8.2%
TOTAL
1 $11,751.00
1 $3,629.00
1 $779.00
2 $1,779.00
1
$305.00
1 $5,554.66
1 $5,882.84
1 $2,200.00
1 $4,000.00
1 $25,500.00
1 $1,100.00
1 $9,992.00
10
28
$500.00
$50.00
2 $4,830.00
7
1
$305.00
$624.00
$11,751.00
$2,629 .00
$779.00
$3,558.00
$305.00
$5,554.66
$5,882.84
$2,200.00
$4,000.00
$25,500.00
$1,100.00
$9,992.00
$5,000.00
$1,400.00
$9,660.00
$2,135.00
$624.00
$92,070.50
$7,549.78
$99,620.28
304 West Lincoln, Yakima, WA 98902, (509) 248-6726
We are an Equal Opportunity Agency and provider of employment & training and social services. Auxiliary aids
and services are available upon request to individuals with disabilities. 77Y 711
EXHIBIT C - CONTRACTOR'S PROPOSAL
LETTER OF INTRODUCTION
August 5, 2022
Maria Mayhue, Purchasing Manager
City of Yakima
129 North 2"d Street
Yakima WA 98902
Dear Maria Mayhue,
PEOPLE FOR PEOPLE
Working Together, Changing Lives
First, we would like to thank the City of Yakima for their ongoing support of People For People over the
years. People For People, a 501(c)(3), with a mission to strengthen communities with resources and
opportunities to empower people and enrich lives. With the support from the City of Yakima, we have
helped hundreds of homebound seniors living within the City of Yakima to have nutritious meals
delivered to their homes allowing them to age in place, maintain independence, and have improved
health.
We appreciate that the City of Yakima understands the importance of community partnerships and how
these partnerships meet the varying community needs. With an award of $99,620.28, through the
American Rescue Plan Act (ARPA) grant, our Meals On Wheels Senior Nutrition Program, will purchase
much needed equipment to help meet the increasing demand of our services to the city's vulnerable
seniors. During the COVID-19 pandemic, we saw a large increase in the number of seniors who needed
our assistance with food. Our demand increased from 10,000 meals provided a month to over 14,000.
The purchase of the new equipment for our commercial kitchen will allow us to operate more efficiently
and provide additional nutritious meals for the seniors in the City of Yakima.
We are in receipt of RFP 12238P-Community Partnership Development Services and 12238P Addendum
No. 1. The enclosed proposal meets the requirements of the RFP as outlined, by providing a community
partnership plan, identifying our qualifications of providing similar services, and outlining our cultural
competency plan. You will also find our references that can attest to their first-hand knowledge of our
experience. As indicated in 12238P Addendum No.1. Community Partnership Development Services, we
have determined that our non-profit status as well the description of our fund usage will meet the
eligibility requirements as outlined in Section 2.1 in Addendum No.1 for food assistance as a Senior
Nutrition Program.
If you have any questions, please feel free to contact me, as the Proposal Representative.
Sincerely,
cpqskit i 14.)
Madelyn Carlson
People For People, CEO
P: 509-248-6726 Ext. 201
E. me rlson pfn.org
302 W. Lincoln Ave
Yakima WA 98902
304 W. Lincoln Ave., Yakima, WA 96902 I 509-24R-672L i www.pfp.or0
�171
PEOPLE FOR PEOPLE
Working Together, Changing Lives
People For People Proposal Submission RFP 12238P
City of Yakima- Community Partnership Development Services
2. Letter mfIntroduction -Included
2.Financial Capability ' See attached: People For People Single Audit Report 2020mnd 2021
3.Cmmmmmumity Partnership Plan
Provide a detailed description of the proposed partnership program plan Including the
following:
A. Overview of program
|n196S People For People (pFP)was founded inYakima asa5O1() (3)bvasmall group of
dedicated community members who shared a vision - to wage war on poverty and lend support
tmthose needing it the most. People For People's mission is to strengthen communities with
resources and opportunities toempower people and enrich lives. For 57 years, People For
People continues to provide services in Yakima and has also expanded services to 20 rural and
isolated counties of eastern and central Washington through a range of programs including
Employment and Training, Senior and Special Needs Transportation, Non -Emergency Medical
Transportation, Greater Columbia 2-1-1 call center for information and referral, and Senior
Nutrition Services (Meals on Wheels), the focus of this funding request. Currently, People For
People has 174staff.
Meals 0nWheels operates ahome-delivery service aswell as provides meals toseniors et
seven dining sites in Yakima County including three within the city of Yakima. The program also
provides farmers market vouchers; emergency stable meals; supplies such as shoes, walkers,
and microwaves; pet food; and holiday gifts. Due to[OV|D'l9,the seven dining rooms had to
shut down, and we saw a large increase in the number of seniors who needed our assistance
with food, from 1O,Q00meals provided amonth toover 14,00U. VVewent from having eight
1
home delivery routes to 19 routes due to the increased request of home -delivered meals. We
cooked approximately 2,200 meals per week before the pandernic and now cook over 4,500+
meals per week. In May 2022, we were able to reopen our congregate dining sites to in -person
meals. We are currently working with the City of Yakima to open another dining site at
Washington Fruit Community Center in Septamnber2O32. Our seniors are slowly returning tm in -
person dining ifthey are able and feel comfortable.
Demand for nutritious meals continues to grow and unfortunately, the current system inwhich
we operate is inefficient and takes time and resources away from our main goal —feeding
seniors. VVeoperate an
administrative office and
warehouse etone location,
which istoo small tostore,
prepare, and package meals.
Once vvereceive the food at
the warehouse, it is
transported toone pfthree
shared community kitchens to
becooked and served atone
of the dining sites or to be frozen for home -delivered meals. The frozen meals are then
transported back to our warehouse and packaged into seven-day meal packs. From the
warehouse the meals are delivered tmour homebound seniors. There are increased costs with
the transport ofproducts and meals from warehouse tokitchen and back. Using three shared
community kitchens also requires cooks and staff at each location as well as staff at the
warehouse. It is difficult to maintain consistent services when a staff person is out ill or on
vacation. An inefficient and imperfect system should not impact our ability to provide meals to
our seniors.
Tohelp usfocus all our time and resources onour seniors, vvepropose acentra|site—one
administrative office, one warehouse, one kitchen, and one delivery site, as well as a small caf6,
where seniors can enjoy ameal. VVewill continue tooffer meals mtthe seven dining sites.
Since COVID-19, we provide more frozen meals and had to purchase freezers for four of our
sites/kitchens (three are flash freezers) and our administrative office/xvarehouse. Due tnlack
ofspace, one ofthe freezers had tobestored inour transportation garage.
2
Because mfthe increased inefficiencies and barriers to effectively serve all our seniors, People
For People's project— 'BUILDING HOPE, FEEDING SENIORS,
Why MEALSQNWHEELSmeedsanewhmme'—wiU|mprove
People For People's Meals On Wheels' efficiency of food
preparation and delivery to seniors in Yakima. FEEDING
SENIORS
R �
°
While Meals OnWheels issuccessful, itisalso fraught with ° �AT, MEALS ON WHEELS
menicienoauxveTear may impact our ability rogrow and
maintain the number of seniors that we provide nutritious
meals. VVehave purchased two acres wfland for $484,544 for the new kitchen site and raised
over $ through community donations, pledges, and grants. Our goal isbmraise $2
million dollars to fund the construction of a 6,000 square foot commercial kitchen, as well as
the necessary equipment we will need to efficiently provide these services. VVeare confident
that with more public awareness during the pandemic, the community will continue to be
responsive tothe needs mfour seniors and support this project. The project will hesuccessful
because it will centralize our services and better serve our seniors, who make up a growing
number mfthe cmunty'ypopulation.
BUILDING
Meals On Wheels will operate successfully after it relocates to a new site — nothing will change
thmre-butcosts duplications, and inefficiencies will baeliminated. VVecurrently lease space at
several locations tooperate our service. The new kitchen will eliminate those costs. Staff must
travel among several locations and vehicles travel back and forth, delivering food to different
kitchens, and then picking upand delivering meals. The cost totransport between warehouse
and kitchen will be eliminated. More efficient use of cooking staff, who currently have to work
more than one site assures the longevity and success ofMeals OnWheels. One site, one
kitchen, one location toreceive, store, prep, cook, prepare, and deliver meals assures our se|f'
sustainabi|ity.
Our request of $99,620.28 is to help fund the necessary commercial equipment and supplies for
the new kitchen.
Our current inefficient and overburdened system, with staff and resources scattered among
several facilities, affects our ability tmfocus entirely qnwho most needsoursemices—thennmny
low-income seniors of our county who can, at least for one meal a day, count on People For
People. Help us to assure, expand and enhance our ability to answer the question of 'who will
help me'? People For People will help you | VVevery much appreciate your consideration of
our request.
3
B. Service capacity mfindividuals 0obe
In 2021 we served 602 individuals in the city of Yakima with a total of 89,985 meals. Through
July of 2022, we have already served 595 seniors in Yakima with a total of 65,815 meals. As of
today, m/ehave surpassed the 2O31totals with five additional months to go|nthe current
contract period. Due to the closure of our dining sites, our system was modified to allow for
pick-up of a seven-day supply of frozen meals in the parking lots of our dining sites as well as
increased home delivered meals. VVeanticipate those numbers ever-increasing even with the
reopening mfour congregate dining rooms inMay! The new kitchen will allow ustoserve
additional seniors byallowing increased efficiencies and cost savings. |naddition toincreasing
our capacity to make and serve meals, having a central kitchen will allow the program to
continue to provide well-being checks to homebound seniors and check -in with the seniors
during local disasters oremergencies. Throughout the pandemnicxvewere able tocall each
client regularly tocheck-in with them, see how they were doing, and minimize the loneliness
that many homebound seniors were experiencing.
C. Proposer staffing overview and qualifications
The Meals mnWheels program currently operates with 20staff and75 volunteers. Several of
those positions have been temporarily funded through a Hunger Relief grant that will likely end
prior tothe end of3D22. VVeare working hard onour volunteer coordination and recruitment
so we can sustain the current level of service as we move into the future. Volunteers help
deliver meals, serve meals otcongregate dining sites, prepare pet food for distribution, prep
food, and pack and freeze frozen meals. The dedication pfvolunteers allows uotosave money
and provide more meals.
VVehave very experienced leadership atPeople For People that helps tomanage the Meals on
Wheels staff, daily operations, and fiscal compliance. PFP'sCEO, Madelyn Carlson has over 35
years of experience managing local, state, and federal grants and eleven years working directly
with the Meals onWheels program. Our Director mfSocial Services, Stacy Kellogg, oversees the
Meals on Wheels program and has 30 years of experience providing social services in Yakima
County and managing staff and grant funded prwgranns. Our CFO, Marcy McDonald has been
working within the non-profit sector managing the fiscal requirements of a vast variety of local,
state, and federal grants for over 20years. The Meals onWheels Manager, LorenaFernandez,
has been with the program for over eleven years, starting as a volunteer because she had such
apassion for the work. VVehave created astrong, dedicated, experienced workforce who not
only has the qualifications and skills to provide our seniors with a quality service, but also have
mdeep belief inthe importance mfthe work they are doing.
4
D. Intended outcomes
Measures that demonstrate our projeetssuccess include:
• Improve Meals mnWheels efficiencies and barriers toeffectively serving all seniors;
• Improve efficiency infood prep and delivery toseniors;
• Allows for the expansion ofservices;
•^ More seniors receive a meal, check -in, and socialization;
• Kitchen isavailable 24hours per day;
� Warehouse supplies do not need to be transported to various kitchens for preparation of
meals;
� Reduction ofbackup positions;
o Co -locating management staff, office, and kitchen staff improves communication, cross
training, and program support;
w The number of seniors who receive meals through MOW increases by at least another
1OV6inthe first year and by2096|nthe second year;
# Cost savings from efficiency ofoperations such as gasoline, equipment, utilities, vehicles,
staffing, time traveling among several sites, and duplication oftasks;
0 Improved food preparation and cooking, sanitation, and discontinued uncertainty of
using shared locations and equipment;
0 More seniors report in an annual survey that they have an improved quality of life,
regular access to food, the ability to age at home, and the opportunity to socialize with
other seniors; and most importantly...-
* Nosenior who needs food isturned mwwmyX
E. Project timeline
August 2Q3D-Purchased two -acre parcel
Spring 3021-Capital Campaign -Soft Launch
Summer 2O22-Finalize Commercial and Engineering Design
Fall 2O22-Request Formal Construction Proposals
Spring 2023 - Groundbreaking with final pledges and contributions at $2 million.
October 2023 - Construction Completed, Equipment Purchased, and Grand Opening
F. Literature providing evidence of benefits tmberealized by the community
from the proposed program
The need for senior nutrition is documented |nSEWA Aging & Long -Term Care 2020-2024Area
�
P|an^"ThafastestgrPxVingdmnnographicintheU8imindividue|sagedQOendwverNutrit|on
services Improve the health of participants and prevent more costly interventions. Adequate
nutrition |sessential for healthy aging and the prevention mfd|sease.°
|nastudy conducted byBrown University, More thanoMeal—Medicare Claims they
determined that adults 60years ofage and older who receive meal service delivery experience
the greatest improvements inhealth and quality oflife. Respondents who received daily -
delivered meals were more likely to exhibit:
* Improvement inmental health U.e,anxiety)
* Improvement inself-rated health
* Reductions inthe rate mffalls
* Improvement infeelings ofisolation and loneliness
to Decreases in worry about being able tm remain in home
The study also identifies that Meals On Wheels recipients' healthcare utilization and costs
declined post -enrollment periods compared to the equivalent amount of time before
enrollment.
�Southeast Washington ALTCCouncil nfGovernments, Area Plan, Area Plan (aitcwashingtonxom), 2022.
Brown University's Center for Gerontology and Healthcare Research, More than a Meal Medicare Claims
Ana|ynes.,MNedicare Claims,An�lim�es(mem 2016.
6
G. Financial plan with breakdown of anticipated costs and payment/funding schedule
Proposal Request from City of Yakima RFP 12238P
TOTAL PROJECT COST
Land- 2 acre parcel
Capital Campaign volunteer management supplies
Construction & landscape for 6,000 sq.ft. commercial kitchen
Commercial design and engineering design
Commercial Equipment & Installation
PROJECT TOTAL
$484,544
$62,000
$1,740,000
$40,000
$400,000
$2,726,544
The land has been purchased with agency reserves and the capital campaign has received over
$600,000 in donations and pledges.
People For People is requesting support for the purchase of the following commercial kitchen
equipment.
COMMERCIAL KITCHEN
Cost Category
Pratica (Rapid Cook Oven)
Bread Proofer
Triple 5 Quart Soup Warmer
2 Three Pan Open Well Steam Tables
Handwashing Sink -Cafe Prep
Amount
$11,751.00
$2,629 .00
$779.00
$3 558 00
, •
$305.00
Refrigerated Sandwich Prep Table-3 Door
$5,554.66
Espresso Machine
Gallon Dual Coffee Brewer
Coffee station Cupboard
Oliver 1908-Sealer
Electric Cooktop/Hot Plate -demos
Gas Range
Cafe Tables
Cafe Chairs
Commercial Washer & Dryer
7 Handwashing Sinks -Kitchen
Mop Sink
Subtotal
Tax
TOTAL
$5,882.84
$2,200.00
$4,000.00
$25,500.00
$1,100
$9,992.00
$5,000.00
$1,400.00
$9,660.00
$2,135.00
$624.00
$92,070.50
$7549.78
$99,620.28
7
4. Qualifications
A. Experience:
11Explain the qualifications your organization has toprovide the proposed services
|nl965People For People (PFP)was established asm corporation inYakima,
Washington. Over the past 57 years, People For People has continued to expand to meet the
request needs of rural communities. The following is a chronological list of services that People
For People currently provides.
Start
Date
1965
People For People's Programs and Services
Division
Employment and
Training Services
Yakima
Transportation
Medicaid Brokering
Transportation
Service
Moses Lake
Transportation
Greater Columbia
Basic Food
Outreach
Senior Nutrition
Long -Term Car
Ombudsman
Program
Service Area
Yakima0uitas,
Klickitat ,and
Shomon|a
Yakima County
Benton, Chelan,
Columbia, Douglas,
FmnWin,Kitdtos,
Okanogan, Yakima,
and Walla Walla
Grant, Adams, and
Lincoln
16 Eastern
Washington
Counties
35Washington
Counties
Yakima County
Kittitas and Yakima
Description of Service
Employment and Training services are provided for adults
under the Workforce Innovations & Opportunities Act
and VVmrkRnst as well as special projects designed to
provide training and support for individuals uugain and
retain employment.
pa,atr nsitandOxud+nute transportation isprovided to
citizens that live outside the boundaries of public
transportation in Yakima County.
Brokered transportation are provided to Medicaid
eligible individuals inorder tmaccess health care services
|ntheir communities mrfor specialty care inareas such ay
Seattle
_
Coordinated transportation service is provided through
contracts with GlAand federal, state and local funding.
Greater Columbia J'1-1provides information and referral
services and disaster response to all 16 counties in
Eastern Washington.
Coordinates Basic Food Outreach to 35 Washington
counties and assists individuals with the application
process through the Greater Columbia 2-1-1 call center.
Senior nutrition services are provided at seven
congregate meal sites and for home delivered meals
(Meals onVVhne|s).
Volunteers and staff advocate for the rights ovresidents
)nlong-term care facilities.
8
The following map identifies the counties and services People For People provides.
0 whatcom
m"wmIsland �
0 Skagit
muu� . SR"ho.mh /
--- -- ' ' ����m
��*mwmw `�m — ""�---
� ~� 0
o'
°*" �
'' --
^ Pierce
�mom�
40 ;
��� ,
WaIlklakum
OCOWHU
�
��
�p = —
:lam
King
�
� 0s N_~ ' Grant
-
� O , ��«
-
0 Okanogan
0
nOUv4
' �� �� n�
�� ~° Pend
Ferry Stevens Creille
0 [in"
0 Frar"*--_ �
ld
0 «���'w4u��
Benton _'mIlRAiloon
() Spokane
Oftitman
2) Describe your experience in providing similar services
�Medical Trinnportation
(�jnansi=icus 0 M.Also"wh-l'
Long term
Ombudsman Prog.arn
People For People began operating the Senior Nutrition Meals on Wheels program in 2011.
Prior tmthat the service was provided bx
Yakima County. Atthat time, vvehad
experience working with our local Area
Agency onAging- Aging and Long Term
Care nfSoutheast Washington, providing
transportation services toseniors and
individuals with disabilities, Asa provider
mfNon-Emergency Medical Transportation
(NEMT), we have been providing medical transportation brokering services to individuals on
state Medicaid health insurance through acall center located inYakima. This service works
with low-income individuals, seniors, and people with disabilities tmensure they can get tmtheir
medical appointments and receive the treatment they need in a timely manner. People For
People, through a contract with DSHS, is the current Master Contractor for the Basic Food
Outreach Program overseeing 21 subcontractors throughout the state to ensure people are
aware mfand informed about the Basic Food -SNAP program, Asaprovider of211information
9
and referral services, our call specialists can complete basic food applications over the phone
for individuals and provide simple, timely access tmthe service. Through apartnership with
Washington State Department of Social and Health Services (DSHS) and Food and Nutrition
Services (FNS) federally, PFPwas asked toparticipate inapilot program bmlook atwhy the
number ofseniors that apply for SNAP is so |ovx in comparison to hmvv many are eligible. With
the last eleven years of experience providing the Meals on Wheels program in Yakima County,
coupled with our vast experience inproviding diverse services tovulnerable individuals
throughout the last 57 years, PFP is positioned well to continue to bring efficiencies and
outstanding customer service toour seniors onMeals onWheels. The new kitchen and
equipment will allow us to take that step to the next level with increased capacity and quality of
service tmour seniors.
3) Describe existing partnerships that may contribute to your success
Asstated |nquestion 2above, xvehave had mstrong relationship with Aging and Long -Term
Care of Southeast Washington as the contractor of both the Senior Nutrition programs and
transportation services. PFPhas partnered with the City ofYakima toassure that residents who
need Meals mnWheels services receive nutritious meals. VVecurrently have ocontract with the
City of Yakima to address the effects arising from the pandernic with food insecurity by
providing home delivered meals tosenior citizens ioYakima. VVehave been providing meals to
individuals S5+|nYakima for the last year through this partnership.
People For People, asaprovider mfEmployment and Training services, has anestablished
partnership with South Central Workforce Development Council. VVehave utilized participants
to work with the Meals on Wheels program to help meet the service needs with a limited
budget, while giving the trainees and volunteers work experience and skills to find and maintain
employment and sa|f-suffidency.
We established acapital campaign committee comprised ofcommunity leaders who have
successfully raised millions of dollars on capital projects in Yakima County. People For People
regularly receives grant funds and seeks funding for this project fromnorgonioations,bus|nmsses,
and foundations. PFP's Capital Campaign committee is led by Maureen Adkison and Ryan Messer
and has partnered with a diverse group of organizations to support this effort - United Way of
CW, Latino Community Fund, YV Community Foundation, YV Farm Workers Clinic, Mt. Adams
Orchard, Albertsons, Heartlinks Hospice, Yakima Downtown Rotary, Albertsons, Harvest
Foundation, Health Alliance Northwest, Tamaki Foundation, Group Health Foundation, GESA
Credit Union, National Association of Nutrition and Aging Services, and Franz Bakery. In
addition, we have received financial support in the form of donations from individuals and
community members that understand the goal of this project and how it will greatly benefit
Meals on Wheels services now and position us as we continue to grow in the future. We are
grateful for the generosity ofour Yakima community!
10
4\Provide acopy ofyour current 501(C)(3)non-profit tax status- Attached
5) Describe your experience working with federal funding
People For People is financially sound and administers a$23million annual budget. We have
been awarded and successfully managed numerous federal, state, local, and private financial
resources for over 57 years with excellent audit records that have resulted in no disallowed
costs. The corporation's financial systems safeguard funds and adhere to all federal and state
laws, regulations and OMB Circulars governing non-profit corporations. Specifically, our
financial system complies with the Generally Accepted Accounting Principles (GAAP) and 2CFR
Part 20O(OK0B'sUniform Guidance and Single Audit). The financial integrity and accountability
of the corporation is verified by annual corporate audits conducted by an independent auditing
firm. In addition to the independent audit, People For People's financial systems are monitored
and tested for accuracy and accountability by local, state, and federal monitoring teams. We
consistently demonstrate afiscally strong corporation with policies and procedures tm
safeguard the expenditure ofpublic and non-public funds. See^Attoched Single Audit 2020-
2021,
B'Cultural Competency: Describe your plan for ensuring partnership activities will serve the
cultural, economic, language, and other unique characteristics of the community.
|nYakima County, individuals over age GOmake up19%ofthe population and that number is
growing. Yakima County ismdiverse community, where nearly SO%mfthe residents are Laiinn.
C)fthis number, 22% are living in poverty. The Meals on Wheels program hires staff and recruits
volunteers that are representative ofthe diversity inour communities. Many mfour program
staff are bilingual/bicultural (English/Spanish) and have a passion to serve their neighbors.
Lorena Fernandez, Meals On Wheel Program Manager is bilingual (English/Spanish) and
provides leadership and oversight for serving our communities' seniors. While there isnot an
income requirement for Meals on Wheels program eligibility (it is needs -based), our most
vulnerable home -bound seniors without strong social supports are prioritized due 1otheir
isolation and inability topurchase and cook nutritious meals. Ameal delivery from our program
staff and volunteers provides a chance for socialization and for a quick wellness check, as well
asadelicious, nutritionally rich meal. PFPpromotes adiverse, inbergenerationa|workforce, and
we have volunteers and staff who are seniors themselves working in our programs.
People For People has a long history of diverse Board of Directors representation that reflect
the demographics of our eastern Washington communities. Our current Board of Directors
includes two individuals that have a history ofproviding service tmthe Yakannm Nation and are
tribal members. One member represents healthcare inathe very rural county ofKi1titas,
serving asthe CFO pfNi1titauValley Healthcare. Representation includes o Hispanic female
11
attorney, and individuals representing nutrition services, marketing, and real estate. People For
People staff also reflect the clients that we serve, including a significant percentage of
employees that are both bilingual English and Spanish, and bicultural. As a provider of
Employment and Training services, PFP has trained and hired individuals that sought services at
PFP to gain education and employment and work to reduce the barriers in their lives. The staff
have an empathy that goes beyond a job description. It is often through lived experience that
our board and staff so compassionately assist our clients. People For People is dedicated to
incorporating diversity, equity, and inclusion (DEI) in all that we do, from hiring staff to serving
clients and better understanding the barriers that keep individuals from accessing services.
Our Diversity Equity and Inclusion (DEI) statement continues to be in -progress and fine-tuned as
we receive training and learn how to more effectively incorporate DEI in all that we do.
People For People's DIVERSITY, EQUITY, and INCLUSION Statement:
Diversity- Our unique characteristics that, as individuals, identify us.
Equity- Equal treatment, access, opportunity, and advancement for all people, while identifying
and removing barriers that may prevent one from reaching their full potential.
Inclusion- Creating a culture of belonging and value. Everyone is respected and encouraged as
individuals.
People For People values the richness of experience, perspective, and collaboration that a
diverse and equitable workforce brings. Diverse, equitable, and inclusive practices enrich the
lives of those we serve and the workplace. People For People is committed to fostering and
maintaining a work environment where diversity, equity, and inclusion (DEI) are fully integrated
into everything we do for the benefit of our employees and the clients that we serve. We believe
that this guides how we do our work and strengthens the social impact in our community. We
believe that diversity is the presence and celebration of differences that enriches our workplace,
including identity -focused characteristics, such as race, disability, ethnicity, family or marital
status, gender identity or expression, language, national origin, physical or mental ability, race
religion, sexual orientation, socio-economic status, veteran status, age, and other
characteristics that make individuals unique. We also believe that equity is the presence of and
commitment to fair treatment, access, and opportunity for all, where individuals are not at a
disadvantage because of their identities. And we believe that inclusion is how we demonstrate
our commitment to diversity and equity and is at the center of our efforts to build an intentional
culture that fosters feelings of belonging and honors the differences of our staff, clients, and
partners. Inclusion ensures that individuals with different identities are valued, leveraged, and
welcomed within our workplace. As this work is ongoing, learning should be constant. Should we
improperly represent our intention as stated above, we ask for grace and welcome the
opportunity for communication.
12
5, References:
1. Name: Amy Martinez, CEO
Agency: South Central Workforce Council
Phone: 509-574-1950
Email: amy.martinez@co.yakima.wa.us
2. Name: Lori Brown, Executive Director
Agency: Southeast Washington Aging and Long -Term Care
Phone: 509-965-0105
Email: Iori.brown@dshs.wa.gov
Madelyn Carlson
People For People, CEO
304 W. Lincoln Ave., Yakima, WA 9890:2 5 0 9 2 4 8- 7 2 6 1 www_pfia.org
Address any reply to:
t:c t urh. Ogdart. Utah 342 1
ive7R cog
Internal Revenue
Service Center .
Dui; to MO nt.r to:
April 11 1975 610611:nb
People for People
Manpower Division
PO Box 1665
Yakima, WA 98901
Re: EIN 91-0783225
Form 940 •
Year(s) 1971, 1972, 1973, 1974
Gentlemen:
Our records .show _that you have been granted tax exemptstatus as a
nonprofit organization described in Section 501(c) (3) of the Internal
Revenue Code. You are therefore exempt from federal unemployment tax
and we are abating this tax for the periods shown above. You will
receive a notice of corrections made to the above accounts.
•
Please destroy any Federal Tax Deposit Cards, Form508, for depositing
1975 federal unemployment tax, you may receive.
If you have any questions concerning .this correspondence, yoU may call
Carol Keesler at 801-399-6525. However, this is not a toll -free
number.
Sincerely yours,
Gerald D . Giles
Chief, Correspondence Section,
EXHIBIT D - CIVIL RIGHTS CERTIFICATION
CIVIL RIGHTS CERTIFICATION FORM
The funds provided to the grantee named below (hereinafter referred to as the "Grantee") are available under
section 603 of the Social Security Act, as added by section 9901 of the American Rescue Plan Act.
Grantee understands and acknowledges that:
Asacondition ofreceipt offederal finanda|assigancehnmtheDeportmentcftheT,easuny,withmonies
distributed through the City of Yakima, Grantee provides the assurances stated herein. The federal financial
assistance may include federal grants, loans and contracts to provide assistance to Grantee, the use or rent of
Federal land or property at below market value, Federal training, a loan of Federal personnel, subsidies, and
other arrangements with the intention of providing assistance. Federal financial assistance does not
encompass contracts of guarantee or insurance, regulated programs, licenses, procurement contracts by the
Federal government at market value, or programs that provide direct benefits.
The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances apply to all of the
operations of Grantee's program(s) and activity(les), so long as any portion of Grantee's program(s) or
ext|vity(ies)|sfederally assisted |nthe manner prescribed above
Grantee :erdfiesthe following:
1. Grantee ensures its current and future compliance with Title VI of the Civil Rights Act of1964, as
amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to
discrimination under programs and activities receiving federal financial assistance, of any person in the
UnitodStaWsonthe8roundofraue,co|or,mrnadona|mri@in(42U.S.C.Q20UUdetseq.),au|mp|emented
by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive
orders such as Executive Order 13166, directives, circulars, policies, memoranda, and/or guidance
documents.
3. Grantee acknowledges that Executive Order 13166, "Improving Access to Services for Persons with
Limited English Proficiency," seeks to improve access to federally assisted programs and activities for
individuals who, because of national origin, have Limited English proficiency (LEP). Grantee understands
that denying a person access to its programs, services, and activities because of LEP is a form of national
origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the Department of the
Treasury's implementing regulations. Accordingly, Grantee shall initiate reasonable steps, or comply with
the Department of the Treasury's directives, to ensure that LEP persons have meaningful access to Its
programs, services, and activities. Grantee understands and agrees that meaningful access may entail
providing language assistance services, including oral interpretation and written translation where
necessary, to ensure effective communication in Grantee's programs, services, and activities.
3. Grantee agrees to consider the need for language services for LEP persons when Grantee develops
applicable budgets and conducts programs, services, and activities. As a resource, the Department of the
Treasury has published its LEP guidance at 70 FR 6067. For more information on taking reasonable steps
to provide meaningful access for LEP persons, please visit http://www.lep.gov.
4. Grantee acknowledges and agrees that compliance with the assurances constitutes a condition of
continued receipt of federal financial assistance and is binding upon Grantee and its successors,
transferees, and assignees for the period in which such assistance Is provided.
S. Grantee shall comply with Title V|ofthe Civil Rights Act of19G4'which prohibits Grantees offederal
financial assistance from excluding from a program or activity, denying benefits of, or otherwise
discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as
implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, which are herein
incorporated by reference and made a part of this contract (or agreement). Title VI also includes
protection to persons with "Limited English Proficiency" in any program or activity receiving federal
financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury's Title
VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this contract or
agreement.
6. Grantee understands and agrees that if any real property or structure is provided or improved with the
aid of federal financial assistance by the Department of the Treasury, this assurance obligates Grantee, or
in the case of a subsequent transfer, the transferee, for the period during which the real property or
structure is used for a purpose for which the federal financial assistance is extended or for another
purpose involving the provision of similar services or benefits. If any personal property is provided, this
assurance obligates the Contractor for the period during which it retains ownership or possession of the
property.
7. Grantee shall cooperate in any enforcement or compliance review activities by the Department of the
Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration,
mediation, litigation, and monitoring of any settlement agreements that may result from these actions.
Grantee shall comply with information requests, on -site compliance reviews and reporting requirements.
8. Grantee shall maintain a complaint tog and inform the Department of the Treasury of any complaints of
discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by
Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a Ilst of all
such reviews or proceedings based on the complaint, pending or completed, including outcome. Grantee
also must inform the Department of the Treasury if Contractor has received no complaints under Title VI.
9. Grantee must provide documentation of an administrative agency's or court's findings of non-compliance
of Title VI and efforts to address the non-compliance, including any voluntary compliance or other
agreements between the Contractor and the administrative agency that made the finding. If Grantee
settles a case or matter alleging such discrimination, Grantee must provide documentation of the
settlement. If Grantee has not been the subject of any court or administrative agency finding of
discrimination, please so state.
10. The United States of America has the right to seek judicial enforcement of the terms of this assurances
document and nothing in this document alters or limits the federal enforcement measures that the
United States may take in order to address violations of this document or applicable federal law.
I hereby certify that I have read and understood the obligations described above, that Grantee is in compliance
with the above -described nondiscrimination requirements, and by my signature on this document, acknowledge
my understanding that any intentional or negligent misrepresentation or falsification of any information
submitted In conjunction with this document could subject me to punishment under federal, civil liability and/or
in criminal penalties, including but not limited to fine or imprisonment or both under Title 18, United States
Code, Sec. 1001, et seq. and punishment under federal law.
Madelyn Carlson
Printed Name
CEO
Title
Ana
11-1-2022
Date
EXHIBIT E - LOBBYING CERTIFICATION
LOBBYING CERTIFICATION FORM
The undersigned certifies, to the best of the undersigned's knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing
or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to
Report Lobbying," in accordance with its instructions, as attached.
(3) The undersigned shall require that the language of this certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction
imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject
to a civil penalty of not Tess than $10,000 and not more than $100,000 for each such failure.
I hereby certify that I have read the above certification, and that the information and my statements provided herein
by me are true and correct to the best of my knowledge, and by my signature on this document, acknowledge my
understanding that any Intentional or negligent misrepresentation or falsification of any of the information in this
document could subject me to punishment under federal and/or civil liability and/or in criminal penalties, Including
but not limited to fine or imprisonment or both under Title 18, United States Code, Sec. 1001, et seq. and punishment
under federal law.
Madelyn Carson
Printed Name
CEO
Title
Signature
11-1-202
Date
EXHIBIT F - COST CERTIFICATION
COST CERTIFICATION
I certify that:
1. ( have authority and approval from the governing body onbehalf ofPeople For People (^Gr ntae")toaccepu
proceeds from the City of Yakima (the "City") per the Agreement by and between the City and Grantee from the
City's allocation of the Coronavirus Local Fiscal Recovery Fund ("CLFR") as created by the American Rescue Plan
Act of 2021, Section 9901 ("ARPA") for eligible expenditures included on the corresponding invoice voucher for
report period March 3,2OZ1through December 31'20I4.
I 1 understand that as additional federal guidance becomes available, an amendment to the Contract between
the City and Grantee may become necessary and agree to execute necessary amendments.
3. | understand the[itywiUn4yonthbcerdfcatkmasamateha|mpresentationinproces ingneimbumememsor
payment requests.
4. 1 understand the Grantee receiving funds pursuant to this certification shall retain documentation of all uses of
the funds, including but not limited tuinvoices and/or sales receipts in a manner consistent with 5200.333
Retention requirements for records ofZ CFR 200 Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards (Uniform Guidance). Such documentation shall beproduced tuthe City
upon request and may besubject tnaudit bythe State Auditor.
5. 1 understand any funds, provided pursuant to this certification cannot be used for expenditures for which
Grantee has.received any other funding whether state, federal or PELv�����
|hereby certify that | have read the above certification, and that the information and mystatements provided herein
bymmare true and correct tmthe best mfmyknowledge, and bymVsignature mnthis document, acknowledge mV
understanding that any intentional or negligent misrepresentation or falsification of any of the information in this
document could subject mwto punishment under federal and/or civil liability and/or in criminal penalties, including
but not limited to fine or imprisonment or both underTitle 18, United States Code, Sec. 1001, et seq. and punishment
under federal law.
Madelyn Carlson
CEO 11-1-2022
EXHIBIT G - WRITTEN JUSTIFICATION FOR USE OF FUNDS
PEOPLE FOR PEOPLE
JUSTIFICATION FOR FUNDING
Meals OnWheels operates ahome-delivery service aswell as provides meals toseniors atseven dining sites
|nYakima County including three within the city mfYakima. The program also provides farmers market
vouchers; emergency stable meals; supplies such as shoes, walkers, and microwaves; pet food; and holiday
gifts. Due toCOV|D'19,the seven dining rooms had tmshut down, and xvesaw alarge increase inthe number
ofseniors who needed our assistance with food, from 10,OOOmeals provided omonth toover 14,0OO. Wewentfnonnhavingeighthomnede|ixeryroutestm19routesduetmthe|ncreayednequestofhmme'de|ivered
meals. We cooked approximately 2,200 meals per week before the pandemic and now cook over 4,500+
meals per week. In May 2022, we were able to reopen our congregate dining sites to in -person meals. We
are currently working with the City of Yakima to open another dining site at Washington Fruit Community
Center inSeptember 2O22. Our seniors are slowly returning toin-person dining ifthey are able and feel
comfortable.
Demand for nutritious meals continues to grow and unfortunately, the current system in which we
operate is inefficient and takes time and resources away from our main goal — feeding seniors. We
operate an administrative office and warehouse at one location, which is too small to store, prepare,
and package meals. Once vvereceive the food atthe warehouse, |tistransported toone ofthree
shared community kitchens to be cooked and served at one of the dining sites or to be frozen for
home -delivered meals. The frozen meals are then transported back to our warehouse and packaged
into seven-day meal packs. From the warehouse the meals are delivered tmour homebound seniors.
There are increased costs with the transport of products and meals from warehouse to kitchen and
back. Using three shared community kitchens also requires cooks and staff at each location as well as
staff at the warehouse. It is difficult to maintain consistent services when a staff person is out ill or on
vacation. An inefficient and imperfect system should not impact our ability to provide meals to our
seniors. To help us focus all our time and resources on our seniors, we need a central site — one
administrative office, one warehouse, one kitchen, and one delivery site, as well as snna||caf6, where
seniors can enjoy ameal.
People For People's new facility will need equipment and supplies to efficiently prepare nutritious
meals and furnishings for seniors to enjoy a meal onsite.
Sincerely,
Madelyn Carlson
People For People, CEO
Weare on Auxiliary aids
EXHIBIT H - RECIPIENT AGREEMENT: US TREASURY AND CITY OF YAKIMA
OMB Approved No. 1505-0271
Expiration Date: 11/30/2021
U.S. DEPARTMENT OF THE TREASURY
CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS
Recipient name and address:
City of Yakima
129 N 2nd St
Yakima, Washington 98901
DUNS Number: 078212651
Taxpayer Identification Number: 916001293
Assistance Listing Number and Title: 21.027
Sections 602(b) and 603(b) of the Social Security Act (the Act) as added by section 9901 of the American Rescue Plan Act, Pub. L.
No. 117-2 (March 11, 2021) authorizes the Department of the Treasury (Treasury) to make payments to certain recipients from the
Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund.
Recipients hereby agrees, as a condition to receiving such payment from Treasury, agrees to the terms attached hereto.
Recipient:
Authorized Representative Signature (above)
Authorized Representative Name:
Authorized Representative Title:
Date Signed:
U.S. Department of the Treasury:
Robert Harrison
City Manager
Authorized Representative Signature (above)
Authorized Representative Name:
Authorized Representative Title: Chief Recovery Officer, Office of Recovery Programs
Date Signed: May 17, 2021
Jacob Leibenluft
PAPERWORK REDUCTION ACT NOTICE
The information collected will be used for the U.S. Government to process requests for support. The estimated burden associated with this collection of
information is 15 minutes per response. Comments concerning the accuracy of this burden estimate and suggestions for reducing this burden should be directed
to the Office of Privacy, Transparency and Records, Department of the<Treasury, 1500 Pennsylvania. Ave., N.W , Washington. D.C.20220. DO NOT send the
form to this address. An agency may not conduct or sponsor, and a Inman is not required to respond to, a collection of information unless it displays a valid
control number assigned by OMB.
U.S. DEPARTMENT OF THE TREASURY
CORONAVIRUS STATE FISCAL RECOVERY FUND
AWARD TERMS AND CONDITIONS
1. Use of Funds.
a. Recipient understands and agrees that the funds disbursed under this award may only be used in compliance with sections
602(c) and 603(c) of the Social Security Act (the Act) and Treasury's regulations implementing that section and guidance.
b. Recipient will determine prior to engaging in any project using this assistance that it has the institutional, managerial, and
financial capability to ensure proper planning, management, and completion of such project.
The period of performance for this award begins on the date hereof and ends on December 31, 2026. As
set forth in Treasury's implementing regulations, Recipient may use award funds to cover eligible costs incurred during the period
that begins on March 3, 2021 and ends on December 31, 2024.
Recipient agrees to comply with any reporting obligations established by Treasury, as it relates to this award.
a. Recipient shall maintain records and financial documents sufficient to evidence compliance with sections 602(c) and
603(c), Treasury's regulations implementing those sections, and guidance regarding the eligible uses of funds.
b. The Treasury Office of Inspector General and the Government Accountability Office, or their authorized representatives,
shall have the right of access to records (electronic and otherwise) of Recipient in order to conduct audits or other
investigations.
c. Records shall be maintained by Recipient for a period of five (5) years after all funds have been expended or returned to
Treasury, whichever is later.
Pre-awtird Costs, Pre -award costs, as defined in 2 C.F.R. § 200.458, may not be paid with funding from this award.
fi. Administrative CoslsRecipient may use funds provided under this award to cover both direct and indirect costs.
7. Cost Sharing Cost sharing or matching funds are not required to be provided by Recipient.
8. Conflicts of Interest_ Recipient understands and agrees it must maintain a conflict of interest policy consistent with 2 C.F.R. §
200.318(c) and that such conflict of interest policy is applicable to each activity funded under this award. Recipient and
subrecipients must disclose in writing to Treasury or the pass -through entity, as appropriate, any potential conflict of interest
affecting the awarded funds in accordance with 2 C.F.R. § 200.112.
. Compliance nce watt Applicable Law and Reguladnas.
a. Recipient agrees to comply with the requirements of sections 602 and 603 of the Act, regulations adopted by Treasury
pursuant to sections 602(f) and 603(f) of the Act, and guidance issued by Treasury regarding the foregoing. Recipient also
agrees to comply with all other applicable federal statutes, regulations, and executive orders, and Recipient shall provide for
such compliance by other parties in any agreements it enters into with other parties relating to this award.
b. Federal regulations applicable to this award include, without limitation, the following:
i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part
200, other than such provisions as Treasury may determine are inapplicable to this Award and subject to such
exceptions as may be otherwise provided by Treasury. Subpart F — Audit Requirements of the Uniform Guidance,
implementing the Single Audit Act, shall apply to this award.
ii. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term
set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference.
iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term
set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference.
iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part
180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and
subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury's
implementing regulation at 31 C.F.R. Part 19.
v. Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200,
Appendix XII to Part 200 is hereby incorporated by reference.
vi. Governmentwide Requirements for Drug -Free Workplace, 31 C.F.R. Part 20.
vii. New Restrictions on Lobbying, 31 C.F.R. Part 21.
viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and
implementing regulations.
ix. Generally applicable federal environmental laws and regulations.
c. Statutes and regulations prohibiting discrimination applicable to this award, include, without limitation, the following:
i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's implementing regulations at 31
C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or
activities receiving federal financial assistance;
ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits
discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability;
iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the
basis of disability under any program or activity receiving federal financial assistance;
iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury's implementing
regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities
receiving federal financial assistance; and
v. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits
discrimination on the basis of disability under programs, activities, and services provided or made available by state
and local governments or instrumentalities or agencies thereto.
10. I medal Actions. In the event of Recipient's noncompliance with sections 602 and 603 of the Act, other applicable laws,
Treasury's implementing regulations, guidance, or any reporting or other program requirements, Treasury may impose additional
conditions on the receipt of a subsequent tranche of future award funds, if any, or take other available remedies as set forth in 2
C.F.R. § 200.339. In the case of a violation of sections 602(c) or 603(c) of the Act regarding the use of funds, previous payments
shall be subject to recoupment as provided in sections 602(e) and 603(e) of the Act.
1 l tlatch Act, Recipient agrees to comply, as applicable, with requirements of the Hatch Act (5 U.S.C. §§ 1501-1508 and
7324-7328), which limit certain political activities of State or local government employees whose principal employment is in
connection with an activity financed in whole or in part by this federal assistance.
12. False Statements, Recipient understands that making false statements or claims in connection with this award is a violation of
federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and
penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law.
13.- Publications. Any publications produced with funds from this award must display the following language: "This project [is
being] [was] supported, in whole or in part, by federal award number [enter project FAIN] awarded to City of Yakima by the U.S.
Department of the Treasury."
a. Any funds paid to Recipient (1) in excess of the amount to which Recipient > is finally determined to be authorized to retain
under the terms of this award`, (2) that are determined by the Treasury Office of Inspector General to have been misused; or
(3) that are determined by Treasury to be subject to a repayment obligation pursuant to sections 602(e) and 603(e) of the
Act and have not been repaid by Recipient shall constitute a debt to the federal government.
b. Any debts determined to be owed the federal government must be paid promptly by Recipient. A debt is delinquent if it has
not been paid by the date specified in Treasury's initial written demand for payment, unless other satisfactory arrangements
have been made or if the Recipient knowingly or improperly retains funds that are a debt as defined in paragraph 14(a).
Treasury will take any actions available to it to collect such a debt.
CIL
a. The United States expressly disclaims any and all responsibility or liability to Recipient or third persons for the actions of
Recipient or third persons resulting in death, bodily injury, property damages, or any other losses resulting in any way from
the performance of this award or any other losses resulting in any way from the performance of this award or any contract,
or subcontract under this award.
b. The acceptance of this award by Recipient does not in any way establish an agency relationship between the United States
and Recipient.
Lions for 4 htllo ve ,
a. In accordance with 41 U.S.C. § 4712, Recipient may not discharge, demote, or otherwise discriminate against an employee
in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably
believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of
authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of
law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant.
b. The list of persons and entities referenced in the paragraph above includes the following:
i. A member of Congress or a representative of a committee of Congress;
ii. An Inspector General;
iii. The Government Accountability Office;
iv. A Treasury employee responsible for contract or grant oversight or management;
v. An authorized official of the Department of Justice or other law enforcement agency;
vi. A court or grand jury; or
vii. A management official or other employee of Recipient, contractor, or subcontractor who has the responsibility to
investigate, discover, or address misconduct.
c. Recipient shall inform its employees in writing of the rights and remedies provided under this section, in the predominant
native language of the workforce.
t 7 J tl S t Belt Use in the United State& Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Recipient
should encourage its contractors to adopt and enforce on-the-job seat belt policies and programs for their employees when
operating company -owned, rented or personally owned vehicles.
Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Recipient should
encourage its employees, subrecipients, and contractors to adopt and enforce policies that ban text messaging while driving, and
Recipient should establish workplace safety policies to decrease accidents caused by distracted drivers.
OMB Approved No. 1505-0271
Expiration Date: 11/30/2021
ASSURANCE OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS
ASSURANCE OF COMPLIANCE WITH TITLE VI OF THE
CIVIL RIGHTS ACT OF 1964
As a condition of receipt of federal financial assistance from the Department of the Treasury, the City of Yakima (hereinafter
referred to as "the Recipient") provides the assurances stated herein. The federal financial assistance may include federal grants,
loans and contracts to provide assistance to the recipient's beneficiaries, the use or rent of Federal land or property at below market
value, Federal training, a loan of Federal personnel, subsidies, and other arrangements with the intention of providing assistance.
Federal financial assistance does not encompass contracts of guarantee or insurance, regulated programs, licenses, procurement
contracts by the Federal government at market value, or programs that provide direct benefits. This assurance applies to all federal
financial assistance from or funds made available through the Department of the Treasury, including any assistance that the
Recipient may request in the future.
The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to all of the recipient's programs,
services and activities, so long as any portion of the recipient's program(s) is federally assisted in the manner proscribed above.
1. Recipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which
prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and
activities receiving federal funds, of any person in the United States on the ground of race, color, or national origin (42
U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and
other pertinent executive orders such as Executive Order 13166; directives; circulars; policies; memoranda and/or guidance
documents.
2. Recipient acknowledges that Executive Order 13166, "Improving Access to Services for Persons with Limited English
Proficiency," seeks to improve access to federally assisted programs and activities for individuals who, because of national
origin, have Limited English proficiency (LEP). Recipient understands that denying a person access to its programs,
services, and activities because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil
Rights Act of 1964 and the Department of the Treasury's implementing regulations. Accordingly, Recipient shall initiate
reasonable steps, or comply with the Department of the Treasury's directives, to ensure that LEP persons have meaningful
access to its programs, services, and activities. Recipient understands and agrees that meaningful access may entail
providing language assistance services, including oral interpretation and written translation where necessary, to ensure
effective communication in the Recipient's programs, services, and activities.
3. Recipient agrees to consider the need for language services for LEP persons during development of applicable budgets and
when conducting programs, services and activities. As a resource, the Department of the Treasury has published its LEP
guidance at 70 FR 6067. For more information on LEP, please visit w,ww,lepgov.
4. Recipient acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of
federal financial assistance and is binding upon Recipient and Recipient's successors, transferees and assignees for the
period in which such assistance is provided.
5. Recipient acknowledges and agrees that it must require any sub -grantees, contractors, subcontractors, successors,
transferees, and assignees to comply with assurances 1-4 above, and agrees to incorporate the following language in every
contract or agreement subject to Title VI and its regulations between the Recipient and the Recipient's sub -grantees,
contractors, subcontractors, successors, transferees, and assignees:
The sub -grantee, contractor, subcontractor, successor, transferee, and assignee shall comply with Title VI of the
Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program
or activity, denying benefits of or otherwise discriminating against a person on the basis of race, color, or
national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury's Title VI
regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or
agreement). Title VI also includes protection to persons with "Limited English Proficiency" in any program or
activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the
Treasury's Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this
contract or agreement.
6. Recipient understands and agrees that if any real property or structure is provided or improved with the aid of federal
financial assistance by the Department of the Treasury, this assurance obligates the Recipient, or in the case of a subsequent
transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal
financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any
personal property is provided, this assurance obligates the Recipient for the period during which it retains ownership or
possession of the property;
7. Recipient shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the
aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of
any settlement agreements that may result from these actions. That is, the Recipient shall comply with information requests,
on -site compliance reviews, and reporting requirements.
8. Recipient shall maintain a complaint log and inform the Department of the Treasury of any complaints of discrimination on
the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of
1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the
complaint, pending or completed, including outcome. Recipient also must inform the Department of the Treasury if
Recipient has received no complaints under Title VI..
9. Recipient must provide documentation of an administrative agency's or court's findings of non-compliance of Title VI and
efforts to address the non-compliance, including any voluntary compliance or other agreements between the Recipient and
the administrative agency that made the finding. If the Recipient settles a case or matter alleging such discrimination, the
Recipient must provide documentation of the settlement. If Recipient has not been the subject of any court or administrative
agency finding of discrimination, please so state.
10. If the Recipient makes sub -awards to other agencies or other entities, the Recipient is responsible for ensuring that
sub -recipients also comply with Title VI and other applicable authorities covered in this document State agencies that make
sub -awards must have in place standard grant assurances and review procedures to demonstrate that that they are effectively
monitoring the civil rights compliance of sub -recipients.
The United States of America has the right to seek judicial enforcement of the terms of this assurances document
and nothing in this document alters or limits the federal enforcement measures that the United States may take in order to
address violations of this document or applicable federal law.
Under penalty of perjury, the undersigned official(s) certifies that he/she has read and understood its obligations as
herein described, that any information submitted in conjunction with this assurance document is accurate and complete, and
that the Recipient is in compliance with the aforementioned nondiscrimination requirements.
Recipient Date
Signature of Authorized Official:
PAPERWORK REDUCTION ACT NOTICE
The information collected will be used for the U.S. Government to process requests for support. The estimated burden associated with this collection of
information is 15 minutes per response. Comments conceming the accuracy of this burden estimate and suggestions for reducing this burden should be directed
to the Office of Privacy, Transparency and Records, Department of the Treasury, 1500 Pennsylvania Ave., N.W., Washington, D.C. 20220. DO NOT send the
form to this address. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid
control number assigned by OMB.
1
ITEM TITLE:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 6.1.
For Meeting of: January 17, 2023
Resolution awarding RFP 12238P and authorizing an agreement
with People for People for Community Partnership Development
Services
SUBMITTED BY: *Rosylen Oglesby, Assistant City Manager
Christina Payer, Buyer!!
SUMMARY EXPLANATION:
Award of Request for Proposals (RFP) and agreement for People for People for the purchase
of commercial kitchen equipment for their Meals on Wheels Senior Nutrition Program.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Neighborhood and Community Building
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution
ATTACHMENTS:
Description
❑ resolution
O agreement
Upload Date
1/12/2023
1/12/2023
Type
Corer Memo
Corer Memo