HomeMy WebLinkAboutR-2010-049 2010 Job Fair Costs Reimbursement; Workforce Development CouncilRESOLUTION NO. R-2010-49
A RESOLUTION authorizing the City Manager to execute an agreement with the Workforce
Development Council to assist with reimbursement of costs associated with
Job Fair 2010.
WHEREAS, the City of Yakima is a recipient of Federal Community Development Block
Grant (CDBG) funds, which may be used, among other things, to assist with Economic
Development activities; and
WHEREAS, the Workforce Development Council requests assistance in the amount of
$5,000.00 in CDBG funds to assist with the costs of renting the Yakima Convention Center for
the Job Fair 2010, and
WHEREAS, The Workforce. Development Council will supply the number of job offers
made and accepted at the Fair, as well as the number of job offers made and accepted as a
result of the Fair within 60 days after the Fair, and
WHEREAS, The City Council has determined that it is in the best interest of the City to
authorize and approve the request from Workforce Development Council to reimburse the cost
of renting the Yakima Convention Center Job Fair 2010, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute an agreement between
the City of Yakima and the Workforce Development Council in the amount of $5,000.00. The
final form of these documents shall be reviewed and approved by the City Attorney.
ADOPTED BY THE CITY COUNCIL this 20th day of April, 2010.
ATTEST:
Micah Cawley, Maor
AGREEMENT BETWEEN THE CITY OF YAKIMA
OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES
1. Contracting Organization: South Central Workforce Council _ (hereinafter "Contractor")
2. Address: 120 S. 3"d Street, Ste #200-A, Yakima WA, 98901
3. Phone: (509) 574-0105
4. Contact Person: Patrick Baldoz
5. Title of Service or Program being funded: 2010 Job Fair"Assistance)
6. Amount of Contract Award: $ Actual cost of reimbursement for renting the Convention center for "2010
Job Fair" up to a maximum amount of $5,000 (CDBG)
7. The term of this Contract shall commence upon the execution hereof and terminate on July 31, 2010 at
midnight, unless sooner terminated by either party in accordance with Section XXII of Exhibit "A",
attached hereto and incorporated herein by this reference.
8. This contract award and the rights and obligations of both parties hereto shall be subject to and governed
by the following:
1) "Terms and conditions" attached hereto as Exhibit "A" and incorporated herein by this reference;
and
2) Operating budget including the funding sources and uses statement and the work plan, attached
hereto as Exhibit "B" and incorporated herein by this reference.
3) City of Yakima Resolution No. R-2010-49 , 'A copy of which is attached hereto as Exhibit "C"
and. incorporated herein by this reference.
9. Final Contract payment shall be subject to satisfactory completion of the project described
in Exhibit "B", and satisfaction of all contract terms and conditions as stated in Exhibit
"A", Exhibit "B" and Exhibit "C".
This written document, together with all of the incorporated exhibits hereto, constitutes the entire Contract and
terms of agreement between the parties hereto.
IN SS NA7Ag
THEREOF the parties have executed this Contract as of the day and year stated below.
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Michael A. Morales, CED Director
Contractor
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City Clerk
City Contract No.:
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EXHIBIT "A"
TERMS AND CONDITIONS
DESIGNATION
The City of Yakima, as recipient of a housing and community development grant from
the U.S. Department of Housing and Urban Development, • hereby designates
Contractor to undertake, and the Contractor hereby agrees to undertake that certain
community development or housing assistance project described in Exhibit "B", Scope
of Work (hereinafter the project").
II SUB -GRANT
A. NOTICE TO PROCEED
No work on the project shall occur prior to or without written approval from the
City of Yakima Office of Neighborhood Development Services (ONDS). ONDS
shall furnish the Contractor with" written notice to proceed upon release of funds
from HUD related to the project pursuant to 24 CFR Part 58.
B. AMOUNT OF GRANT
The City hereby grants to the Contractor up to $5,000 for said project.
III GENERAL BUDGET PROVISIONS
The City reserves the right to hold payment until adequate documentation has been
provided by the Contractor and reviewed by the City. The Contractor agrees to the
following provisions in satisfying the terms and conditions of this contract:
A. PAYMENT AND DISBURSEMENTS
Disbursements by the City of Yakima from this contract/grant award shall be on
a reimbursement basis covering actual expenditures by the Contractor or
obligations of the Contractor currently due and owing, but not paid.
Disbursements shall be limited to allowable costs and so shalt be made upon
the occurrence of all the following, in addition to any other conditions contained
herein or in the special conditions:
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Receipt by the City of Yakima ONDS of a written reimbursement
request on forms provided by the City of Yakima ONDS supported by
copies of vouchers, invoices, salary and wage summaries, or other
acceptable documentation; and
2. Determination by the City of Yakima ONDS that the expenditures or
obligations for which reimbursement is sought constitute allowable
costs under the principles set forth in Federal Management Circular 74-
4 'eligible costs under the CDBG Program' and that also fall within the
applicable Project Budget.
B. No payment shall be made for any service rendered by the Contractor except
for services within the scope of a category set forth in the budget in Exhibit "B"
of this Contract, and all funds received must be used for service as identified in
Exhibit "B" of this Contract.
City of Yakima 4/26/2010 Page 2
C.
The Contractor shall submit to the City of Yakima ONDS a written
request for approval of budget revision when a proposed revision would
result in an increase or 'decrease of ten percent (10%) or more per
home, from what .has been set forth in the approved budget subject
category. The City's written budget revision approval must be received
by the Contractor prior to the Contractor incurring any expenditures
against the revised budget subject categories.
2. When the revision of the Contractor budget does not exceed ten
percent (10%) of an approved budget subject category, the Contractor
must submit a revised budget to the City of Yakima ONDS prior to the
submittal of claims against the budget.
IV COMMENCEMENT OF WORK
This signed contract will serve as written notice to proceed from the City of Yakima
ONDS in accord with Sec.II, "Sub -Grant' A (above)."
V BILLING PROCEDURES
A. The Contractor shall submit monthly written claims for reimbursement of
services performed under this contract in the manner prescribed in paragraph
III above, and as prescribed by the City of Yakima ONDS.
VI LOCAL FINANCIAL SUPPORT
The sub -grant shall not be utilized to substantially reduce the amount of local financial
support for community development activities below the level of such support prior to
the availability of such assistance.
VII BUDGET SURPLUS
The Contractor agrees that funds determined by the City of Yakima ONDS to be surplus
budget funds at the end of the project shall be subject to cancellation by the City of
Yakima ONDS and may be negotiated if they are to be included in future Contracts.
Assets purchased with CDBG funds shall, continue to be used in accordance with its
original purpose as provided in 24CFR 570.503 (b)(8).
VIII COMPLIANCE WITH LAWS
A. GENERAL
The Contractor, in performance of this Contract, agrees to comply with all
applicable Federal, State and Local Laws and ordinances, and the rules and
regulations promulgated by the U.S. Department of Housing and Urban
Development, including, but not limited to, Federal HOME Regulations and
other policies and guidelines established by the City of Yakima ONDS.
B. PROCUREMENT AND CONSTRUCTION OR REPAIR PROJECT
REQUIREMENTS
The following federal provisions may apply, among others, to this Contract:
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CERTIFICATION REGARDING DEBARMENT, SUSPENSION OR
INELIGIBILITY AND yOLUNTARY EXCLUSION—PRIMARY AND
LOWER TIER COVERED TRANSACTIONS
A. Contractor, defined as the primary participant and it principals, certifies
by signing these General Terms and Conditions that to the, best of its
knowledge and belief that they:
B. Are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from covered transactions
by any Federal department or agency.
C. Have not within a three-year period preceding this Agreement, been
convicted of or had a civil judgment rendered against them for
commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public or private agreement or
transaction, violation of Federal or State antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, tax evasion, receiving
stolen property, making false claims, or obstruction of justice;
D. Are not presently indicted for or otherwise criminally or civilly charged
by a governmental entity (Federal, State, or local) with commission of
any of the offenses enumerated in paragraph (1)(b) of this section; and
1. Have not within a three-year period preceding the signing of this
Agreement had one or more public transactions (Federal, State, or
local) terminated for cause of default.
2. Where the Contractor is unable to certify to any of the statements in
this Agreement, the Contractor shall attach an explanation to this
Agreement.
3. The Contractor agrees by signing this Agreement that it shall not
knowingly enter into any lower tier covered transaction with a person
who is debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction.
4. The Contractor further agrees by signing this Agreement that it will
include the clause titled "Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered
Transaction," as follows, without modification, in all lower tier covered
transactions and in all solicitations for lower tier covered transactions:
E. LOWER TIER COVERED TRANSACTIONS
i) The lower tier contractor certifies, by signing this Agreement that neither
it nor its principals is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any Federal department or agency.
ii) Where the lower tier contractor is unable to certify to any of the
statements in this Agreement, such contractor shall attach an
explanation to this Agreement.
Qty of Yakima 4/26/2010 Page 4
5. Office of Federal Contract Compliance Programs regulations, 41 CFR
Part 60, Executive Order 11246 as amended by Executive Order
12086, and 24 CFR 570.601 (Discrimination prohibited)..
6. The Lead Based Paint Poisoning Prevention Act, 42 USC Section 4831
et seq., and HUD regulations implementing the Act, 24 CFR Part 35,
where, residential structures are involved. The Contractor shall
provide whatever assistance is necessary to enable the 'City of
Yakima's Building Official to carry out its inspection and certification
responsibility under those regulations.
7. Historic and Archaeological Preservation requirements as set forth in 24
CFR Section 570.604.36 CFR Part 800, RCW 27.44.010 (Native
American Burial Law), RCW 27.53.010•.090 (Protection of
Archaeological Resources), and RCW 43.51.750-.820 (Preservation
of Historic Properties).
Architectural Barriers Act of 1968 as amended, 42 USC Section 4151 et
seq., implementing regulations, and Chapter 70.92 RCW.
9. Accessibility Standard as set forth in 92.251(a)(3).
10. Clean Air Act as amended, 42 USC Section 1857 et weq; Water Pollution
Control Act, as amended, 33 USC Section 1251 et seq.; and
.Environmental Protection Agency regulations, 40 CFR Part 15.
11. Section 3 of the Housing and Urban Development Act of 1968 (12 USC
Section 1701u) and 24 CFR Part 135 (Employment opportunities for
project area businesses and low income persons).
12. Contract Work Hours and Safety Standards Act, 40 USC Sections 327-
333, (Overtime Compensation).
13. Davis -Bacon Act, as amended, 40 USC Sections 276a — 276a — 5, and
RCW Chapter 3 — 12 (Prevailing Wage Rates).
14. Attachment 0 of the Office of management and Budget Circular, A-102
(Procurement Standards) and Federal Management Circular, FMC 74-
4.
15. The Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970, as amended, and regulations contained in 24
CFR Parts 42 and 570.
16. Title VI of the Civil Rights Act of 1964 (P.L. 88-352) as amended, and
HUD regulations with respect thereto including the regulations under
24 CFR Part 1. In the sale, lease or other transfer of land acquired,
cleared or improved with assistance provided under this Agreement,
and Contractor shall cause or require a covenant running with the land
to be inserted in the deed or lease for such transfer, prohibiting
discrimination upon the basis of race, color, religion, sex, or national
origin, in the sale, lease or rental, or in the use or occupancy of such
land or any improvements erected or to be erected thereon, and
providing that the Contractor, the County, and the United States are
beneficiaries of and entitled to enforce such covenant. The
Contractor, in undertaking its obligation in carrying out the program
assisted hereunder, agrees to take such measures as are necessary
to enforce such covenant and will not itself so discriminate.
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17. Age Discrimination Act of '1975 (24 CFR 146).
18 Fair Housing Act (24 CFR 100, CFR 107 and 24 CFR 1).
19. Washington State/Local Building Codes/Housing Quality Standards (24
CFR 882.109).
20: WBE/MBE (24 CFR 85.36 (e)).
1. ENVIRONMENTAL REVIEW
A. NEPA
The City of Yakima ONDS retains environmental review
responsibility for purposes of fulfilling requirements of the
National Environmental Policy Act, under which the City of
Yakima ONDS may require the Contractor to furnish data,
information and 'assistance for the City's review and
assessment in determining whether the City must prepare an
Environmental Impact Statement.
B. SEPA
The Contractor retains responsibility for fulfilling the
requirements of the State Environmental Policy Act and
regulations and ordinance adopted thereunder.
C. COMPLIANCE AS PRE -CONDITION
Performance by either the City of Yakima ONDS or the
Contractor under this Agreement shall be contingent upon
satisfaction of all applicable requirements of the National and
State Environmental Policy Acts.
IX NON-DISCRIMINATION IN EMPLOYMENT
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A. The City of Yakima is an Equal Opportunity Employer.
B. During the performance of this Agreement, Contractor shall not discriminate in
violation of any applicable federal, state and/or local law or regulation on the
basis of race, color, sex, religion, national origin, creed, age, marital status,
disability, honorably discharged veteran or military status, pregnancy, sexual
orientation, political affiliation, ,or the presence of any sensory, mental or
physical handicap, and any other classification protected under federal, state,
or local law. This provision shall include but not be limited to the following:
employment, upgrading, demotion, transfer, recruitment, advertising, layoff or
termination, rates of pay or other forms of compensation, selection for training,
and the provision of services under this Agreement.
The Contractor specifically agrees to abide by the Office of Federal Contract
Compliance Programs regulations, 41 CFR Part 60, Executive Order 11246 as
amended by Executive Order 12086, and HUD Anti Discrimination
Requirements, 24 CFR 570.601.
City of Yakima 4/26/2010 Page 6
X NON-DISCRIMINATION IN CLIENT SERVICES
A. The Contractor agrees to make all services available through this contract (24
CFR 92.352), and shall not, on the grounds of race, color, sex, religion, national
origin, creed, marital status, or age:
Deny a qualified individual any facilities, financial aid, services or other
benefits provided under this Contract;
2. Provide any service(s) or other benefits to a qualified individual which
are different, or are provided in a different manner, from those provided
to others under this Contract; separate treatment in any manner related
to his receipt of any service(s) or other benefits provided under this
Contract;
3. Deny any qualified individual an opportunity to participate in any
program provided by this Contract through the provision of service(s) or
otherwise, or will afford him an opportunity to do so which is different
from that afforded others under this Contract.
B. The Contractor shall abide by all provisions of Section 504 of the HEW
Rehabilitation Act of 1973 prohibiting discrimination against handicapped
individuals either through purpose or intent.
C. If assignment and/or subcontracting has been authorized, said assignment or
subcontract shall include appropriate safeguards against discrimination in client
services binding upon each Contractor or Subcontractor. The Contractor shall
take such action as may be required to ensure full compliance with the
provisions of this clause, including sanctions for noncompliance.
XI LICENSING AND PROGRAM STANDARDS
The Contractor agrees to comply with all applicable Federal, State, City and Municipal
standards for licensing, certification and operation of facilities and programs, and
accreditation and licensing of individuals, and any other standards or criteria as
described in the Contract to assure quality of services.
XII MONITORING AND ACCESS TO RECORDS
A. Contractor agrees that City may carry out monitoring and evaluation activities
so as to ensure compliance by Contractor with this Contractor agreement, with
the CDBG and/or HOME Compliance Documents, and with all other laws,
regulations, and ordinances related to the performance hereof.
Contractor agrees to provide City with, any data determined by City to be
necessary for its effective fulfillment of its monitoring and evaluation
responsibilities.
B. At any reasonable time and as often as City may deem necessary, Contractor
shall make all of its records available to City, HUD, the Comptroller General of
the United States, or any of their authorized representatives, and shall permit
City, HUD, the Comptroller General of the United States, or any of their
authorized representatives to audit, examine, and make excerpts and/or copies
of same. Contractor records shall include, but shall not be limited to, the
following: payroll, personnel and employment records; procurement bidding
documents; contracts; sales closing statements; and invoices.
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C. The City shall have the right to review and audit all records of the Contractor
pertaining to any payment by the City. Said records shall be maintained for a
period of seven years after the completion of the project.
D. The Contractor shall be required to make reasonable changes in the services
as completed or to be completed if said services fall below the standards and
specifications set forth in the Special Terms and Conditions, Project
Description, or Statement of Work.
XIII SAFEGUARDING OF CLIENT INFORMATION
The use or disclosure by any party of any confidential information concerning a recipient
or client for any purpose not directly connected with the City's or the Contractor's
responsibilities with respect to services provided under this Contract is prohibited
except on written consent of the recipient or client, his/her attorney or his/her
responsible parent or guardian or as otherwise provided by law.
XIV • ASSIGNMENT AND/OR SUBCONTRACTING
The Contractor shall not assign or subcontract any portion of the services provided
within the terms of this Contract without obtaining prior written approval from the City.
All terms and conditions of this Contract shall apply to any approved subcontract or
assignment related to the Contract.
XV STANDARDS FOR FISCAL ACCOUNTABILITY
A. The Contractor agrees to provide project line item draw requests, annual
verification of rents, annual audited financial statement to compare income and
expenses, records, documents and accounting procedures which accurately
reflect all direct and indirect costs related to the performance of this Contract.
Such fiscal books, records, documents, reports and other data shall be retained
in a manner consistent with the 'Budgeting, Accounting, Reporting System for
Counties and Cities, and Other Local Governments', hereinafter referred to as
'BARS', as issued by the Office of State Auditor, State of Washington. The
Contractor further agrees that the City of Yakima ONDS shall have the right to
monitor and audit the fiscal components of the organization to insure that actual
expenditures remain consistent with the terms of this Contract. The Contractor
shall retain all books, records, documents and other material relevant to the
Contract for seven (7) years after settlement of this Contract. The Contractor
agrees that the City of Yakima, the U.S. Department of Housing and urban
Development, the Washington State Auditor, or their designees, shall have full
access to and a right to examine any of said materials at all reasonable times
during said period.
B. The Contractor agrees that any contributions or payments made for services
furnished under this Contract shall be used for the sole benefit of this program.
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XVI PROGRAM PROPERTY
Any personal property having a useful life of more than one year and purchased wholly
or in part with sub -grant funds at a cost of three hundred dollars ($300) or more per
item, shall upon its purchase or receipt become the property of the City of Yakima
and/or federal government. Final ownership and disposition of such property shall be
determined under the provisions of Attachment N of OMB, A-102. The Contractor shall
be responsible for all such property, including its care and maintenance, and shall
Comply with the following procedural requirements:
1. Property records shall be maintained accurately and provide for: A description
of the property; manufacturer's serial number or other identification number;
acquisition date and cost; source of the property; percentage of HOME funds
used in the purchase of property; location, use, and condition of the property.
2. A physical inventory of property shall be taken and the results reconciled with
the property records at least once every two years to verify the existence,
current utilization, and continued need for the property.
3. A control system shall be in effect to insure adequate safeguards to prevent
lose, damage, or theft to the property. Any loss, damage, or theft of the
property shall be investigated and fully documented.
4. Adequate maintenance procedures shall be implemented to keep the property
in good condition.
5. If the Contractor elects to capitalize and depreciate such nonexpendable
personal property in lieu of claiming the acquisition cost as a direct item of cost,
title to such property shall remain with the Contractor. An election to capitalize
and depreciate or claim acquisition cost as a direct item of cost shall be
irrevocable.
6. Nonexpendable personal property purchased by the Contractor under the terms
of this Contract, in which title is vested in the City of Yakima or Federal
Government shall not be rented, loaned, or otherwise passed to any person,
partnership, corporation, association or organization without the prior express
approval of the City of Yakima ONDS.
7. Any nonexpendable personal property furnished to, or purchased by, the
Contractor, title to which is vested in the City of Yakima ONDS or federal
government shall, unless otherwise provided herein or approved by the
Contracting Officer, be used only for the performance of activities defined in this
Contract.
8. As a condition prerequisite to reimbursement for the purchase of
nonexpendable personal property, title to which shall vest in the City of Yakima
ONDS or federal government, the Contractor agrees to execute such security
agreements and other, documents as shall be necessary for the City of Yakima
ONDS or federal government to perfect its interest in such property in
accordance with the "Uniform Commercial Code -Secured Transactions' as
codified in Article 9A of RCW Chapter 62A.
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The Contractor shall be responsible for any loss or damage to the property of
the City of Yakima ONDS or federal government (including expenses entered
thereunto) which results from negligence, willful misconduct, or lack of good
faith on the part of the Contractor to maintain and administer in accordance with
sound management practices that property, to ensure that the property will be
returned to the City of Yakima ONDS or federal government in like condition to
that in which condition the property was acquired by purchase, fair wear and
tear accepted.
XVII RELATIONSHIP OF THE PARTIES
The parties intend that an independent contractor/city relationship shall be created by
this Contract. The City of Yakima ONDS is interested only in the results to be achieved,
the implementation of services will lie solely with the Contractor. No agent, employee,
or representatives of the Contractor shall be deemed to be an employee, agent, servant
or representative of the City of Yakima for any purpose, and the employees of the
Contractor are not entitled to any of the benefits the City of Yakima provides for City
Employees. The Contractor shall be solely and entirety responsible for its acts and for
the acts of its agents, employees, servants, Subcontractors, or otherwise during the
performance of this Contract.
XVIII TAXES AND ASSESSMENTS
Contractor shall be solely responsible for and shall pay all taxes, deductions, and
assessments, including but not limited to, sales tax, federal income tax, FICA, social
security tax, assessments for unemployment and industrial injury insurance, and other
deductions from income which may be required by law or assessed against either party
as a result of this Contract. In the event the City is assessed a tax or assessment as a
result of this Contract, Contractor shall pay the same before it becomes due.
XIX QUARTERLY REPORT
The Contractor agrees to submit written quarterly reports outlining the progress towards
completion of activities included in Exhibit B, to the City of Yakima ONDS.
XX INSURANCE
A. NO INSURANCE
It is understood that the City does not maintain liability insurance for the
Contractor and/or its employees, agents, officers, and subcontractors.
B. COMMERCIAL LIABILITY INSURANCE
On or before the effective date of this Contract, the Contractor shall provide the
City with a certificate of insurance as proof of liability insurance in the amount of
One Million Dollars ($1,000,000.00) that clearly states who the provider is, the
amount of coverage, the policy number, and when the policy and provisions
provided are in effect (any statement in the certificate to the effect of "this
certificate is issued as a matter of information only and confers no right upon
the certificate holder" shall be deleted). Said policy' shall be in effect for the
duration of this Contract. The policy shall name the City, its elected officials,
officers, agents and employees as additional insured, and shall contain a
clause that the insurer will not cancel or change the insurance without first
giving the City thirty (30) calendar days prior written notice (any language in the
clause to the effect of "but failure to mail such notice shall impose no obligation
or liability of any kind upon the company" shall be crossed out and initiated by
the insurance agent). The insurance shall be with an insurance company or
companies rated A -V11 or higher in Best's Guide and admitted in the State of
Washington.
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C. COMMERCIAL AUTOMOBILE LIABILITY INSURANCE
On or before the date this Contract is fully executed by the parties, Contractor
shall provide the City with a certificate of insurance as proof of commercial
automobile liability insurance with minimum liability limit of One Million Dollars
($1,000,000.00) combined single limit bodily injury and property damage.
Automobile liability will apply to "Any Auto" and be shown on the certificate.
The certificate shall clearly state who the provider is, the amount of coverage,
the policy number, and when the policy and provisions provided are in effect
(any statement in the certificate to the effect of "this certificate is issued as a
matter of information only and confers no right upon the certificate holder" shall
be deleted). Said policy shall be in effect for the duration of this Contract. The
policy shall name the City, its elected officials, officers; agents, and employees
as additional insured/s, and shall contain a clause that the insurer will not
cancel or change the insurance without first giving the City thirty (30) calendar
days prior written notice (any language in the clause to the effect of "but failure
to mail such notice shall impose no obligation or liability of any kind upon the
company' shall be crossed out and initialed by the insurance agent). 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.
D. WORKERS' COMPENSATION
The Contractor agrees to pay all premiums provided for by the Workman's
Compensation Act of the State of Washington. Evidence of the contractor's
workers' compensation coverage will be furnished to the City. The contractor
holds the City harmless for any injury or death to the contractor's employees
while performing this Contract.
E. INSURANCE PROVIDED BY SUBCONTRACTORS
The Contractor shall ensure that all subcontractors it utilizes for work/services
rendered under this Contract shall comply with all of the above insurance
requirements.
XXI INDEMNIFICATION AND HOLD HARMLESS
All services that are rendered or performed under this Contract shall be performed or
rendered entirely to the Contractor's own risk and the Contractor expressly agrees to
defend, indemnify and hold harmless the City of Yakima and all of its officers, agents,
employees and elected officials from any and all liability, loss, fines, penalties or
damage, including reasonable cost of defense, they may suffer as a result of claims,
demands, actions, or damages to any and all persons or property, costs or judgments
against the City of Yakima which result from, arise out of, or are in any way connected
with the services to be preformed by the Contractor under this Contract.
Nothing in this section of the Contract shall be construed to create a liability or a right of
indemnification in any third party.
XXII CONTRACT, TERMINATION AND CLOSE OUT
If the Contractor fails to comply with the terms and conditions of this Contract, the City
of Yakima ONDS may pursue such remedies as are legally available including but not
limited to. the termination of this Contract in the manner specified herein.
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A. TERMINATION FOR CAUSE
If the Contractor fails to comply with the terms and conditions of this Contract
and any of the following conditions exist:
1. The lack of compliance with the provisions of this Contract are of such
scope and nature that the City of Yakima ONDS deems continuation of
this Contract to be substantially non -beneficial to the public interest;
2. The Contractor has failed to take satisfactory corrective action as
directed by the City of Yakima ONDS or its authorized representative
within the time specified by same;
3. The Contractor has failed within the time specified by the City of
Yakima ONDS or its authorized representative to satisfactorily
substantiate its compliance with the terms and conditions of this
Contract, then:
The City of Yakima ONDS may terminate this Contract in whole or in part, and
thereupon shall notify the Contractor of the termination, the reasons therefore
and the effective date provided such effective date shall not be prior to
notification to the Contractor. After this effective date, no charges incurred
under any terminated portions are allowable:
B. TERMINATIONS ON OTHER GROUNDS
This Contract may also be terminated in whole or in part by mutual agreement
of the parties.
C. TERMINATION FOR WITHDRAWAL, REDUCTION OR LIMITATION OF
FUNDING
In the event that funding from the Federal government is withdrawn, reduced or
limited in any way after the effective date of this Contract, and prior to its normal
completion, the City of Yakima ONDS may summarily terminate this Contract as
to the funds reduced or limited, notwithstanding any other termination provision
of this Contract. If the level of funding so reduced or limited is so great that the
City of Yakima ONDS deems that the continuation of the program covered by
this Contract is no longer in the best interest of the public, the City of Yakima
ONDS may summarily terminate this Contract in whole notwithstanding any
other termination provisions of this Contract. Termination under this Section
shall be effective upon receipt of written notice by the Contractor or its
representative.
The City of Yakima ONDS agrees to promptly notify the Contractor of any
proposed reduction in funding by Federal or other officials. The Contractor
agrees that upon receipt of such notice it shall take appropriate and reasonable
action to reduce its spending in the affected funding area so that expenditures
do not exceed the funding level which would result if said proposed reduction
became effective.
This Contract may further be terminated by the City of Yakima upon written
demand by the City of Yakima ONDS for assurances that the terms of the
Project Description are being timely complied with, if such assurances are not
made to the City's satisfaction within thirty (30) days of the date of such written
demand.
12 of 17 CO of Yafoma 4/26/2010 Page 12
D. CLOSEOUT
In the event that this Contract is terminated in whole or in part for any reason,
the following provisions shall apply:
Upon written request by the Contractor, the City of Yakima shall make
or, arrange for payment to the Contractor of allowable reimbursable
costs not covered by previous payments.
2. The Contractor shall submit within thirty (30) days after the date of
expiration of this Contract, all financial, performance and other reports
required by this Contract, and in addition, will cooperate in a program
audit by the City of Yakima or its designee.
3. In the event a financial audit has not been performed prior to closeout
of this Contract, the City of Yakima ONDS retains the right to withhold a
. just and reasonable sum from the final payment to the Contractor after
fully considering the recommendation on disallowed costs resulting
from the final audit.
XXIII COVENANT AGAINST CONTINGENT FEES
The Contractor warrants that no person or selling agency has been employed or
retained to solicit or secure this contract upon an agreement or understanding for a
commission, percentage, brokerage or contingent fee, excepting bona fide employees
or bona fide established commercial or selling agency maintained by the Contractor for
the purpose of securing business. The City of Yakima ONDS shall have the right, in the
event of breach of this clause by the Contractor, to annul this Contract without liability
or, in its discretion, to deduct from the Contract price or consideration or otherwise
recover the full amount of such commission, percentage, brokerage or contingent fee.
XXIV CONFLICT OF INTEREST
The City may, by written notice to the Contractor:
A. Terminate this Contract if it is found, after due notice and hearing, by the City
that gratuities in the form of entertainment, gifts, or otherwise offered or given
by the Contractor, or agent or representative of the Contractor, to any officer or
employee of the City of Yakima, with a view towards securing this Contract or
securing favorable treatment with respect to the awarding or amending or the
making of any determinations with respect to this contract.
B. In the event this Contract is terminated as provided in (A) above, the City of
Yakima shall be entitled to pursue the same remedies against the Contractor as
it could pursue in the event of a breach of the Contract by the Contractor. The
rights and remedies of the City of Yakima provided for in this clause shall not be
exclusive and are in addition to any other rights and remedies provided by law.
C. The Contractor warrants and covenants that it presently has no interest and
shall not acquire any interest, directly or indirectly, which could conflict in any
manner or degree with the performance of its services hereunder. The
Contractor further warrants and covenants that in the performance of this
contract, no person having such interest shall be employed.
13 of 17 City of Yakima 4/26/2010 Page 13
XXV RIGHTS IN DATA
The City of Yakima ONDS may -duplicate, use and disclose in any manner and for any
purposes whatsoever, and have others so do, all data delivered under this agreement.
The Contractor hereby grants to the City of Yakima, a royalty -free, non-exclusive, and
irrevocable license to publish, translate, reproduce, deliver, perform, dispose of, and to
authorize others to do so, all data now or hereinafter covered by copyright: Provided,
that with respect to data not originated in the performance of this Contract such license
shall be only to the extent that the Contractor has the right to grant such license without
becoming liable to pay compensation to others because of such grant. The Contractor
shall exert all reasonable effort to advise the City of Yakima ONDS, at the time of
delivery of data furnished under this agreement, of all invasions of the right of privacy
contained therein and of all portions of such data copied from work not composed or
produced in the performance of this agreement and not licensed under this clause. The
Contractor shall report to the City of Yakima ONDS, promptly and in written detail, each
notice or claim of copyright infringement received by the Contractor with respect to all
data delivered under this agreement. The Contractor shall not affix any restrictive
markings upon any data, and if such markings are affixed, the City of Yakima ONDS
shall have the right at any time to modify, remove, obliterate, or ignore such markings.
XXVI RULE OF CONSTRUCTION
In the event of an inconsistency in this contract/grant award unless otherwise provided
herein, the inconsistency shall be resolved by giving precedence in the following order:
1. Appropriate provisions of state and federal statutes and regulations including
HUD CDBG Regulations.
2. General Terms and Conditions (Exhibit A).
3. Those attachments incorporated by reference herein, including the statement of
work/project description, approved HUD grant budget, in the order in which
attached, (Exhibit B),
4. City of Yakima Resolution No. R-2010-49 (Exhibit C), and
5. Any other provisions whether incorporated by reference herein or otherwise
provided that nothing herein shall be construed as giving preference to
provisions of this contract/grant award over any provisions of law.
XXVII GOVERNING LAW
This Contract has been and shall be construed as having been entered into and
delivered within the State of Washington, and it is mutually understood and agreed by
each party hereto that this Contract shall be governed by laws of the State of
Washington, both as to interpretation and performance.
XXVIII VENUE
The venue for any action to enforce or interpret this Contract shall lie in the Superior
Court of Washington for Yakima County, Washington.
XXIX MODIFICATION
Either party may request changes in this Contract, however, no change or addition to
this Contract shall be valid or binding upon either party unless such change or addition
be in writing, and executed by both parties, except budget adjustments as specified in
Section IV of this Contract.
14 of 17 Qty of Yakima 4!26/2010 Page 14
XXX SEVERABILITY
It is understood and agreed by the parties hereto that if any part, term, or provision of
this Contract is held by the courts to be illegal, the validity of the remaining provisions
shall not be affected; and the rights and obligations of the parties shall be construed
and enforced as if the Contract did not contain the particular provision held to be invalid.
If it should appear that any provision hereof is in conflict with any statutory provision of
the United States or the State of Washington, said provision which may conflict,
therewith, and shall be deemed modified to conform to such statutory provision.
XXXI PROGRAM INCOME
Any program income shall be accounted for by the Contractor, over the contract time
period, and shall be reported to the City. Income is to be used to continue or benefit the
program, as determined by the intent and purpose of the project.
XXXII RETURN OF FUNDS
The Contractor shall return to the City all monies provided hereunder by the City to the
Contractor if any of the following occur:
1. The Contractor materially changes the primary purpose and scope of the Project as
described on Exhibit "B" to the
2. Contract. The Contractor is unable to continue and/or provide services as described in
Exhibit "B".
15 of 17 Qty of Yakima 4/26/2010 Page 15
Exhibit "B"
SOUTH CENTRAL WORKFORCE COUNCIL
2010 JOB FAIR
A.) PROPOSAL SUMMARY/PROJECT ABSTRACT
The South Central Workforce Council, in conjunction with WorkSource Yakima
and the Yakima Chamber of Commerce will present Job Fair 2010 at the Yakima
Convention Center.
B.) ASSESSMENT OF NEED/PROBLEM STATEMENT
The South Central Workforce Council is requesting reimbursement assistance in
the amount of the actual cost of rental of the Yakima Convention Center for use as
the location of the 2010 Job Fair, to the maximum amount of $5,000
C.) PROGRAM GOAL AND OBJECTIVES
Create the opportunity for unemployed citizens to meet with potential employers
to create substantial sustainable employment.
D.) METHODOLOGY
From the contract execution date to continue until the termination date at which it
will expire at midnight, WorkSource will seek reimbursement for the rental cost of
the Yakima Convention Center for the 2010 Job Fair.
E.) OUTCOMES & EVALUATION
As a condition of reimbursement, WorkSource will report on its outcomes as
follows:
1. . The Contractor shall provide written confirmation from an identified employer
that at least two (2) Low /Moderate income employees, residing within the City
limits of Yakima, were hired in direct relation with the South Central Workforce
Council's " April 13, 2010 Job Fair".
2. Workforce Development Council will supply the number of job offers made and
accepted at the Fair and as well as the number of job offers made and
accepted as a result of the Fair within 60 days after the Fair.
F.) BUDGET
WorkSource will be reimbursement for the actual rental cost of the Yakima
Convention Center for the 2010 Job Fair, not to exceed $5,000
16 of 17 Qty of Yak,ma 4/26/2010 Page 16
RESOLUTION NO. R-2010-49
A RESOLUTION authorizing the City Manager to execute an agreement with the Workforce
Development Council to assist with reimbursement of costs associated with
Job Fair 2010.
WHEREAS, the City of Yakima is a recipient of Federal Community Development Block
Grant (CDBG) funds, which may be used, among other things, to assist with Economic
Development activities; and
WHEREAS, the Workforce Development Council requests assistance in the amount of
$5,000.00 in CDBG funds to assist with the costs of renting the Yakima Convention Center for
the Job Fair 2010, and
WHEREAS, The Workforce Development Council will supply the number of job offers
made and accepted at the Fair, as well as the number of job offers made and accepted as a
result of the Fair within 60 days after the Fair, and
WHEREAS, The City Council has determined that it is in the best interest of the City to
authorize and approve the request from Workforce Development Council to reimburse the cost
of renting the Yakima Convention Center Job Fair 2010, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized' and directed to execute an agreement between
the City of Yakima and the Workforce Development Council in the amount of $5,000.00. The
final form of these documents shall be reviewed and approved by the City Attorney.
ADOPTED BY THE CITY COUNCIL this 20th day of April, 2010.
/s/ Micah Cawley
ATTEST: Micah Cawley, Mayor
/s/ Deborah Kloster
City Clerk
Certified to be a true anJ correct copy of the
original filed in my office.
CITY CLERK
V
SEAL
Exhibit "D"
SERVICES PROVIDED
A.)
• South Central Workforce Council in conjunction with WorkSource of Yakima and the Yakima
Chamber of Commerce will present the Job Fair 2010 at the Yakima Convention Center on April
13, 2010.
B.)
As a condition of reimbursement,' WorkSource will report on its outcomes as follows:
1. The Contractor shall provide written confirmation from an identified employer that at least two (2) Low /Moderate income
employees, residing within the City limits of Yakima, were hired in direct relation with the South Central Workforce Council's
" April 13, 2010 Job Fair".
2. Workforce Development Council will supply the number of job offers made and accepted at the
Fair and as well as the number of job offers made and accepted as a result of the Fair within 60
days after the Fair.
•
•
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting of April 20, 2010
ITEM TITLE: Consideration of a Resolution authorizing the City Manager to execute an
agreement with the Workforce Development Council to assist with
reimbursement of costs associated with Job Fair 2010.
SUBMITTED BY: Michael Morales, Director of Community and Economic Development
CONTACT PERSON/TELEPHONE: Archie M. Matthews, Operations Supervisor of
Neighborhood Development Services, (575-6101)
SUMMARY EXPLANATION: Each year a variety of our community partners produce a local
Job Fair. Partners, contributors, and participants include a large spectrum of businesses in our
area. The Job Fair has resulted in "on the spot" hiring of job seekers, and additional jobs are
filled as a direct result of the fair; sometimes months after the event.
The South Central Workforce Council has asked the City to invest $5,000 from Community
Development Block Grant (CDBG) funds to reimburse the cost of renting the Yakima
Convention Center for Job Fair 2010. Economic development is an eligible activity under the
federal regulations that govern the use of CDBG funds. Funds for such activities are planned
for in the annual budgeting process. The City has participated in eight of the prior ten Job
Fairs, beginning in the year 2000.
This proposal was discussed at the meeting of the City Council's Neighborhood Development
Committee on April 7, 2010. The committee recommended that this proposal be forwarded to
the full Council for approval. Approval of this resolution will authorize the City Manager to
execute an agreement with the South Central Workforce Council for reimbursement of costs
associated with the Job Fair.
Resolution X Ordinance Contract Other (Specify)
Funding Source 2010 CDBG funds
APPROVED FOR SUBMITTAL: "e'
amity Manager
STAFF RECOMMENDATION: Staff recommends approval
BOARD/COMMISSION RECOMMENDATION: Recommended for full Council consideration
and approval by the Council's Neighborhood Development Committee on April 7, 2010.
COUNCIL ACTION: