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HomeMy WebLinkAboutR-2024-070 Resolution authorizing an agreement with Yakima County for the award of$3 million of ARPA funds for the construction of the Aquatic Center at MLK Jr. Park RESOLUTION NO. R-2024-070 A RESOLUTION authorizing execution of an Agreement with Yakima County for a grant of $3,000,000 through the American Rescue Plan Act for the construction of an Aquatic Center at MLK Jr. Park. WHEREAS, the City of Yakima was awarded a $3,000,000 grant from Yakima County in conjunction with the American Rescue Plan, Corona Virus State and Local Fiscal Recovery Funds Award to aid in the construction of a public Aquatic Center at MLK Jr. Park in Yakima,Washington; and WHEREAS, a Committee comprised of City Council members, Park Commissioners, and community members was formed in 2018 to help identify a location for an east side community swimming pool to be built and City Council identified MLK Jr. Park as the desired location for a new aquatic facility; and WHEREAS, the City Council voted in 2019 to move forward with a feasibility study; and WHEREAS, the City received a $1,000,000 grant from the Washington State Department of Commerce, through the Local & Community Projects Program to create plans, specifications and bid documents for the construction of an aquatic centerl at MLK Jr. Park; and WHEREAS,the City of Yakima Parks and Recreation Division relies on fundraising efforts, grants, and donations to expand the scope of work needed for park improvements; and WHEREAS,the City of Yakima parks are a benefit to the community, and add to the quality of life for those that utilize the parks; and WHEREAS, Yakima County provided the City of Yakima a $3,000,000 grant to assist in the construction of an Aquatic Center at MLK Jr. Park, a copy of the Agreement 36786 in conjunction with the American Rescue Plan is attached and hereto and incorporated herein by this reference; and WHEREAS, the City Council finds that approval of such Grant Agreement is in the best interests of the City of Yakima and its residents and will promote the general health, safety and welfare; now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Council approves the Agreement and authorizes the City Manager, or their designee, to execute and administer such Agreement with Yakima County to execute and administer all applicable documents and agreements pursuant to such grant from Yakima County. 1 ADOPTED BY THE CITY COUNCIL this 16th day of April, 2024. /21 ATTEST: Patricia Byer , Mayor y pK IM,i 1%%11 i11 Li? Nteilih 0 91Ad ; SEAL iri % Rosalinda Ibarra, City Clerk 11111 II, ~*� I 1<`NING" G= 2 DocuSign Envelope ID F043AB2E-ED2E-4370-A6F0-43A09209744B mow;: BOARD OF YAKIMA COUNTY COMMISSIONERS Agenda Request Form (ARF) J Deliver completed ARF and finalized agenda item to the Clerk or Deputy Clerk moungirry, \" of the Board at the Yakima County Commissioners'Office, Room 232. Board of County Commissioners Record Assigned Stefanie Truex Prepared by: nC Agreement Financial Services ��� - Department: 05/07/2024 1 7 9 2 0 2 4 Requested Agenda Date: Craig Warner YaKura CD�,n,t,� Presenting: Action Requested—Check Applicable Box: El PASS RESOLUTION ✓ EXECUTE or AMEND AGREEMENT, CONTRACT, or GRANT PASS ORDINANCE OTHER ISSUE PROCLAMATION Document Title: Agreement NO. 36786 between Yakima County and City of Yakima in conjunction with the American Rescue Plan, Coronavirus State and Local Fiscal Recovery Funds Award Background Information: The City of Yakima will construct a public swimming pool located in east Yakima that will provide the neighborhood with inexpensive recreational swimming opportunities, exercise classes, water safety & swimming lessons. Neighborhood pools are a source of community pride& identity. The new pool will provide increased property values & provide positive alternatives to negative involvements for children such as crime & gang activity. p Describe Fiscal Impact: Yakima County will provide City of Yakima award amount not to exceed $3,000,000.00 for reimbursement of eligible expenses described in the Budget Detail (Exhibit B) in the contract. Summary&Recommendation: Approve Agreement ( \ A\ Department ead/Elected Official Signature Corporate Counsel Initial (for Agreements Only) DocuSign Envelope ID F043AB2E-ED2E-4370-A6F0-43A09209744B AGREEMENT NO.36786 BETWEEN YAKIMA COUNTY AND CITY OF YAKIMA IN CONJUNCTION WITH THE AMERICAN RESCUE PLAN,CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS AWARD I.Contracted Firm 2.Award Amount 3.Contractor is a: City of Yakima ®Subrecipient 129 N 2nd Street S3.000,000.00 ❑Vendor Yakima,WA 98901 4.Contracted Firm Representative 5.Yakima County Financial Services )(en Wilkinson Craig Warner.Financial Services Director Parks and Recreation Manager Yakima County 2301 Fruitvale Blvd 128 N.2"d St Rm 231 Yakima,WA 98902 Yakima,WA 98901 (509)576-6416 509-574-1313 kenneth.wilkinsoe a.akimawa.gov craig warner*o.yakima.wa.us 6.Yakima County Contract Manager 17.Start Date Stefanie Truex,Sr Manager 08/01/2023 Yakima County 8.End Date 128 N.2nd St Rm 231 08/31/2026 Yakima,WA 98901 509-574-1504 9.ALN# Stefanie.'Fruex'aco.yaktma.wa.us 21 027—Coronavirus State and Local Fiscal Recover} Funds 10.Federal Agency: U S Department of Treasury 11.UEI# 12.Contract Number 13.Fain Number 114. Federal Award Date FJNN X I XFJ9K3 ARPA-36786 SLFRP2815 it)fi 02n021 15. Contract Purpose& Description: The American Rescue Plan (ARP) /Coronavirus State and Local Fiscal Recovery Funds (SLFRF) requires that the payments from the Coronavirus State and Local Fiscal Recovery Funds be used to cover expenses:(l)that respond to the COVID-19 public health emergency or its'negative economic impacts,including assistance to households,small businesses,and nonprofits. or aid to impacted industries such as tourism,travel,and hospitality; (2)that respond to workers performing essential work during the CON ID-19 public health emergency by providing premium pay to eligible workers; (3)for the provision of government services to the extent of the reduction in revenue due to the COV ID-19 public health emergency relative to revenues collected in the most recent fiscal year prior to the emergency; and(4)that make necessary investments in water,sewer.or broadband infrastructure. 16. IN WITNESS WHEREOF YAKIMA COUNTY and the AGENCY NAME acknowledge and accept the terms of this AGREEMENT. including all referenced Exhibits and Attachments which are hereby incorporated in and made a part hereof, and have executed this AGREEMENT as of the date below. This AGREEMENT Face Sheet; Statement of Work (Exhibit A); Budget (Exhibit B): and all other documents,exhibits and attachments expressly referenced and incorporated herein contain all the terms and conditions agreed upon by the parties and govern the rights and obligations of the parties to this AGREEMENT. No other understandings,oral or otherwise,regarding the subject matter of this AGREEMENT shall be deemed to exist or to bind any of the parties hereto. FOR THE CO CTEDFI ! BOARD OF COI NTY COMMISSIONERS .141,611D EXCUSED Signatur Date N Amanda\1c K inney.Chairman _o�'axiMA co,,,, I-o: of was,N' ir'a Dave Zabel! Q "co.�'',, c "nNTRACT NO ZW11-0( (4 s 6 • z' �, Kyle Curtis.Commissioner s=. i= Name owrioN NO �Gly TIED �n a71 V^^/ �4 ,o Interim City Manager �' s''r�s * say ;LaDon Linde.Commissioner Title MAY 0 7 2024 (Approved as to Form: / 'DATED .Agreement Number: rittest 1. � �� Julie Lawrence.Clerk of the Board t IMF a County Depu Pros mg Attorney IBOCC Agreement i 4J P1- r>51 0`1 (FACE SHEET) 17 9 - 2024 Page 1 of 34 Yakima County, WA DocuSign Envelope ID F043AB2E-ED2E-4370-A6F0-43A09209744B WHEREAS,pursuant to the provisions of the Revised Code of Washington(RCW) §36.32.120(6). the Board of County Commissioners has the care of County property and the management of County funds and business;and WHEREAS,this AGREEMENT is entered into between the local government ARPA recipient YAKIMA County (herein call COUNTY)and City of Yakima(herein called FIRM). NOW,THEREFORE, in consideration of the mutual promises and conditions set forth herein, the parties mutually agree as follows: SECTION NO. I: SERVICES FIRM shall provide those services set forth in the Scope of Work attached hereto as Attachment "A"consisting of one page and is incorporated herein by reference. Services provided by FIRM shall be performed to the standard set by the County Representative, listed on the contract. SECTION NO.2: FINANCIAL REQUIREMENTS FIRM agrees to comply with all applicable state and federal laws,rules,regulations,requirements and program guidance identified or referenced in this AGREEMENT,and the federal regulations and any executive orders commonly applicable to federal grants. SECTION NO.3: TERM The term of this AGREEMENT shall commence as of the start date on the FACE SHEET and shall terminate on the end date on the FACE SHEET. SECTION NO.4: RELATIONSHIP OF THE PARTIES The PARTIES intend that an independent contracted FIRM relationship will be created by this AGREEMENT. FIRM andlor employees, agents or any subrecipient to this contracted FIRM performing under this AGREEMENT are not employees or agents of the COUNTY in any manner whatsoever. FIRM will not be presented as,nor claim to be,an officer or employee of the COUNTY by reason of this AGREEMENT nor will FIRM make any claim,demand or application to or for any right or privilege applicable to an officer or employee of the COUNTY by reason of this AGREEMENT. including but not limited to, Workmen's Compensation coverage, unemployment insurance benefits, social security benefits, retirement membership or credit, or privilege or benefit which would accrue to a civil service employee under Chapter 41.06 RCW. The above section requirements shall not be applicable if the Firm is a Yakima County department. Page 2 of 34 DocuSign Envelope ID F043AB2E-ED2E-4370-A6F0-43A09209744B SECTION NO. 5: COMPLIANCE WITH LAWS FIRM and the COUNTY agree that all activity pursuant to this AGREEMENT will be in accordance with all applicable current federal. state and local laws.rules and regulations.As a recipient of federal financial assistance under this AGREEMENT. FIRM shall comply with all applicable state and federal statutes, regulations. executive orders and guidelines, including but not limited to the following: A. FIRM must comply with the Americans with Disabilities Act (ADA) of 1990, Public Law 101-336. 42 U.S.C. 12101 et seq. and its implementing regulations also referred to as the ADA 28 CFR Part 35.The ADA prov ides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations. state and local government services and telecommunications. B. FIRM shall solely comply with any and all applicable federal, state and local laws. regulations. executive orders. OMB Circulars and/or policies and the COUNTY will not be responsible for determining FIRM's compliance. This obligation includes, but is not limited to: nondiscrimination laws and/or policies. Energy Policy and Conservation Act (PE 94-163,as amended).the Americans with Disabilities Act(ADA), Age Discrimination Act of 1975. Title VI of the Civil Rights Act of 1964, Civil Rights Act of 1968.the Robert T. Stafford Disaster Relief and Emergency Assistance Act, (PL. 93-288, as amended). Ethics in Public Services (RCW 42.52), Covenant Against Contingent Fees (48 CFR Section 52.203-5). Public Records Act (RCA 42.56), Prevailing Wages on Public Works (RCA, 39.12), State Environmental Policy Act(RCVS 4 3.2IC),Shoreline Management Act of 1971 (RCW 90.58). State Building Code (RCW 19.27). Energy Related Building Standards (RCW 19 27A). Provisions in Buildings for Aged and Handicapped Person (RCA 70.92). and safety and health regulations. FIRM shall comply with all applicable federal/state non-discrimination laws. regulations and policies and the COUNTY will not be responsible for determining FIRM's compliance. No person shall on the grounds of age. race. creed, color, sex. sexual orientation, religion, national origin. marital status, honorably discharged veteran or military status, or disability (physical. mental or sensory) be denied the benefits of, or otherwise be subjected to discrimination under any project, program. or activity. funded in whole or in part. under this AGREEMENT. In the event of noncompliance or refusal to comply with any applicable law, regulation,executive order, OMB Circular or policy by FIRM, the COUNTY may rescind, cancel or terminate the AGREEMENT in whole or in part in its sole discretion FIRM is responsible for all costs or liability arising from its failure to comply with application laws, regulations. executive orders, OMB Circulars or policies. SECTION NO.6: EQUAL OPPORTUNITY TREATMENT FOR FAITH-BASED ORGANIZATIONS FIRM agrees to comply with the applicable requirements of 28 CFR Part 38. SECTION NO. 7: NEW CIVIL RIGHTS PROVISION Paee 3 of 34 DocuSign Envelope ID. F043AB2E-ED2E-4370-A6F0-43A09209744B FIRM shall comply with the Violence Against Women Reauthorization Act of 2013 provision that prohibits recipients from excluding,denying benefits to,or discriminating against any person on the basis of actual or perceived race. color, religion, national origin, sex, gender identity, sexual orientation,or disability in any program or activity funded in whole or in part by this AGREEMENT and the COUNTY will not be responsible for determining FIRM's compliance. SECTION NO.8: LIMITED ENGLISH PROFICIENCY(CIVIL RIGHTS ACT OF 1964 TITLE VI) FIRM must comply with the Title VI of the Civil Rights Act of 1964(Title VI)prohibition against discrimination on the basis of national origin,which requires that subrecipients of federal financial assistance take reasonable steps to provide meaningful access to persons with Limited English Proficiency (LEP) to their programs and services and the COUNTY will not be responsible for determining FIRM's compliance. Providing meaningful access for persons with LEP may entail providing language assistance services, including oral interpretation and written translation. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (August 11, 2000), requires federal agencies to issue guidance to recipients, assisting such organizations and entities in understanding their language access obligations. Department of Homeland Security(DHS)published the required recipient guidance in April 2011,DHS Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 76 Fed. Reg. 21755-21768 (April 18, 2011). The Guidance provides helpful information such as how a recipient can determine the extent of its obligation to provide language services; selecting language services;and elements of an effective plan on language assistance for LEP persons. Assistance and information regarding language access obligations can be accessed at DHS Recipient Guidance at https://www.dhs.gov/guidance-published-help-department-supported-organizations-prov ide- meaningful-access-people-limited and additional resources on http://www.lep.gov. SECTION NO. 9: EQUAL EMPLOYMENT OPPORTUNITY PROGRAM(EEOP) FIRM will determine whether it is required to formulate an Equal Employment Opportunity Program (EEOP), in accordance with 28 C.F.R. 42.301 et. seq. If FIRM is not required to formulate an EEOP, it will submit a certification to the Office of Civil Rights (OCR) and the COUNTY indicating that it is not required to develop an EEOP and the COUNTY will not be responsible for determining FIRM's compliance. If FIRM is required to develop an EEOP but not required to submit the EEOP to the OCR, FIRM will certify in writing to the COUNTY that it has an EEOP on file which meets the applicable requirements. If FIRM is awarded a grant of$500,000 or more and has 50 or more employees, it w ill submit a copy of its EEOP to the OCR and the COUNTY.Non-profit organizations, federally recognized Indian Tribes, and medical and educational institutions are exempt from the EEOP requirement, but are required to submit a certification form to the OCR to claim the exemption. A copy of the certification will also be submitted to the COUNTY. Information about civil rights obligations of grantees can be found at http: www.opj.usdoj.gov/programicivil-rights/overview. SECTION NO. 10: CERTIFICATION REGARDING DEBARMENT, SUSPENSION OR INELIGIBILITY AND VOLUNTARY EXCLUSION — PRIMARY AND LOWER TIER COVERED TRANSACTION Page 4 of 34 DocuSign Envelope ID F043AB2E-ED2E-4370-A6F0-43A09209744B A. FIRM, defined as the primary participant and its principal, certifies by signing these General Terms and Conditions that to the best of its knowledge and belief that they: I. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency: 2. Have not within a three-year period preceding this AGREEMENT. been convicted of or had a civil judgement 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: 3. 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 (A)(2)of this section:and 4 Have not within a three(3)year period preceding the signing of this AGREEMENT had one or more public transactions(Federal.state, or local)terminated for cause of default. B. Where FIRM is unable to certify to any of the statements in this AGREEMENT. FIRM shall attach an explanation to this AGREEMENT. C. FIRM agrees by signing this AGREEMENT that it shall not knowingl\ 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, unless authorized by the COUNTY. D. FIRM 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: LOWER TIER COVERED TRANSACTIONS a) The lower tier grantee certifies, by signing this AGREEMENT that neither it nor its principals are presently debarred,suspended,proposed for debarment.declared ineligible,or voluntarily excluded from participation in this transaction by any Federal department or agency. b) Where the lower tier grantee is unable to certify to any of the statements in this AGREEMENT,such grantee shall attach an explanation to this AGREEMENT. E. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, person, primary covered transaction, principal, and voluntarily excluded, as used in this section, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the COUNTY for assistance in obtaining a copy of these regulations. SECTION NO. 11: COMPENSATION/REIMBURSEMENT/INVOICING PROCEDURES A The COUNTY shall reimburse FIRM an amount up to and not exceeding the award amount referenced on the face sheet. This reimbursement amount is based upon the budget line items set forth in Exhibit"B",attached hereto consisting of two pages and hereby incorporated herein by reference. There will be no initial payment. Page 5 of 34 DocuSign Envelope ID F043AB2E-ED2E-4370-A6F0-43A09209744B B. The COUNTY shall make no payments in advance or in anticipation of goods or services to be provided under this AGREEMENT. FIRM shall not invoice the COUNTY in advance of delivery and invoicing of such goods or services. C. FIRM will submit monthly reimbursement requests to the COUNTY by detailing the expenditures for which reimbursement is sought. Payment for the expenditures will only occur if the request is submitted with the appropriate supporting documentation, including, but not limited to timesheets and time/effort certifications. Requests for reimbursement shall be uploaded directed to COUNTY ARP portal. D. In conjunction with each reimbursement request, FIRM shall certify that services performed under this AGREEMENT do not duplicate any services charged against any other grant, subgrant,or other funding source. E. Unless otherwise set forth in the bid, quote, submittal, and accepted by the COUNTY in the AGREEMENT, payment shall be timely if made by the COUNTY no later than thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by FIRM. F. The pricing submitted by FIRM and accepted by the COUNTY is inclusive of applicable payment terms, as well as, any and all fees incurred by FIRM in accepting payment. No additional fees or charges shall apply, unless otherwise preapproved by the COUNTY. G. Contract pricing (fees, commissions, mark-ups. etc.) will remain firm for the duration of this AGREEMENT. H. Eligible invoice reimbursement documentation must be dated on or after 03/03/2021. SECTION NO. 12: RECOVERY OF FUNDS Whenever, under the AGREEMENT, any sum of money shall be recoverable from or payable by FIRM to the COUNTY the same amount may be deducted from any sum due to FIRM under the AGREEMENT or under any other contract between FIRM and the COUNTY including reasonable attorney fees and or any other collection costs. The rights of the COUNTY are in addition and without prejudice to and do not waive, alter or affect any other right the COUNTY may have to claim the amount of any loss or damage suffered by the COUNTY on account of the acts or omissions of FIRM. SECTION NO. 13: INDEPENDENT AUDIT REQUIREMENTS A. FIRM shall have an annual independent fiscal audit conducted of its financial statement and condition, regarding the performance of the Agreement. readily delineating ARP/SLFRF funds. 1. FIRM shall submit its audit report, including any "Management Letter" and/or all other correspondences referred to in the audit report, along with FIRM's response to the audit and a corrective action plan, if any. no later than six (6) months after the end of FIRM's fiscal year. FIRM hereby consents to COUNTY's receipt and review of the independent auditor's working papers, upon request by the COUNTY. 2. Failure to engage auditors and provide proof of such engagement shall be considered contractual non-performance and may result in corrective action and withholding of payment. Page 6 of 34 DocuSign Envelope ID F043AB2E-ED2E-4370-A6F0-43A09209744B 3. IC under separate agreement. FIRM is required to provide a 2 CFR Part 200 annual audit, which, at a minimum, meets the requirements of this AGREEMENT, then compliance with the other separate agreement will also serve as compliance with the Agreement.provided that said audit is provided to the COUNTY. SECTION NO. 14: SINGLE AUDIT ACT REQUIREMENTS \. Non-federal entities, as subrecipients of a federal award, that expend $750,000 or more in one fiscal year of federal funds from all sources. direct and indirect, are required to have a single or a program-specific audit conducted in accordance with 2 CFR Part 200 Subpart F. Non- federal entities that spend less than $750,000 a year in federal awards are exempt from federal audit requirements for that year. except as noted in 2 CFR Part 200 Subpart F. The term "non- federal entity," as defined in 2 CFR Part 200, means a State, local government. Indian tribe. institution of higher education, or non-profit organization, that carries out a federal award as a recipient or subrecipient. B. If FIRM is required to have an audit, it must ensure the audit is performed in accordance with Generally Accepted Government Auditing Standards (GAGAS) as found in the Government Auditing Standards (the Revised Yellow Book) developed by the United States Comptroller General and the OMB Compliance Supplement. FIRM has the responsibility of notifying its auditor and requesting an audit in compliance with 2 CFR Part 200 Subpart F, to include the Washington State Auditor's Office, a federal auditor. or a public accountant performing work using GAGAS. as appropriate. Costs of the audit may be an allowable grant expenditure as authorized by 2 CFR Part 200.425. C FIRM shall maintain auditable records and accounts to facilitate the audit requirement and shall ensure that any sub-recipients to the contracted FIRM also maintain auditable records. FIRM is responsible for any audit exceptions incurred by its own organization or of its sub- recipients. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. D. FIRM must respond to the COI NTY's requests for information or corrective action concerning audit issues or findings within thirty (30)days of the date of request. The COUNTY reserves the right to recover from FIRM all disallowed costs resulting from the audit. E. Once the single audit has been completed and if it includes any audit findings, FIRM must send a full copy of the audit and its corrective action plan to the COUNTY at the following addresses no later than nine (9) months after the end of FIRM's fiscal year(s): Stefanie Truex Senior Manager Yakima County 128 N. 2nd St Rm 231 Yakima, WA 98901 F. If FIRM claims it is exempt from the audit requirements of 2 CFR Part 200 Subpart F, FIRM must send a completed"2 CFR Part 200 Subpart F Audit Certification Form"to the COUNTY at the address listed above identifying this AGREEMEN I and explaining the criteria for exemption no later than nine(9)months after the end of the FIRM's fiscal year(s). G. The COUNTY retains the sole discretion to determine whether a valid claim for an exemption Page 7 of 34 DocuSign Envelope ID F043AB2E-ED2E-4370-A6F0-43A09209744B from the audit requirements of this provision has been established. H. FIRM shall include the above audit requirements in any sub-contracts. I. Conducting a single or program-specific audit in compliance with 2 CFR Part 200 Subpart F is a material requirement of this AGREEMENT. In the absence of a valid claim of exemption from the audit requirements oft CFR Part 200 Subpart F, FIRM's failure to comply with said audit requirements may result in one or more of the following actions in the COUNTY's sole discretion: a percentage of federal awards being withheld until the audit is completed in accordance with 2 CFR Part 200 Subpart F; the withholding or disallowing of overhead costs; and, the suspension of federal awards until the audit is conducted. SECTION NO. 15: VENUE STIPULATION This AGREEMENT shall be construed and enforced in accordance with, and the validity and performance shall be governed by the laws of the state of Washington. Venue of any suit between the PARTIES arising out of this AGREEMENT shall be the Superior Court of Yakima County, Washington. FIRM, by execution of this AGREEMENT,acknowledges the jurisdiction of the courts of the State of Washington. SECTION NO. 16: SEVERABILITY If any court of rightful jurisdiction holds any provision or condition of this AGREEMENT or its application to any person or circumstances invalid, this invalidity does not affect other provisions, terms or conditions of the AGREEMENT, which can be given effect without the invalid provision. To this end,the terms and conditions of this AGREEMENT are declared severable. SECTION NO. 17: AMENDMENTS AND MODIFICATIONS A. FIRM and/or the COUNTY may request, in writing, an amendment or modification of this AGREEMENT. However, such amendment or modification shall not be binding, take effect or be incorporated herein until made in writing and signed by the authorized representatives of the COUNTY and FIRM. No other understandings or agreements, written or oral, shall be binding on the parties. B. The COUNTY reserves the right to make changes in the Work, including alterations, reductions therein or additions thereto. Upon receipt by FIRM of the COUNTY's notification of a contemplated change, FIRM shall (I) if requested by the COUNTY. provide an estimate for the increase or decrease in cost due to the contemplated change, (2) notify' the COUNTY of any estimated change in the completion date. and (3)advise the COUNTY in writing if the contemplated change shall affect FIRM's ability to meet the completion dates or schedules of this AGREEMENT. C. If the COUNTY so instructs in writing. FIRM shall suspend work on that portion of the Work affected by a contemplated change. pending the COUNTY's decision to proceed with the change. D. If the COUNTY elects to make the change, the COUNTY shall issue a Contract Amendment and FIRM shall not commence work on any such change until such written amendment has been issued and signed by each of the PARTIES. Page 8 of 34 DocuSign Envelope ID F043AB2E-ED2E-4370-A6F0-43A09209744B SECTION NO. 18: CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING As required by 44 CFR Part 18, FIRM hereby certifies that to the best of its knowledge and belief: (1)no federally appropriated funds have been paid or will be paid by or on behalf of FIRM 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) that 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 AGREEMENT, FIRM will complete and submit Standard Form-LLL., "Disclosure Form to Report Lobbying." in accordance with its instructions: (3)and that, as applicable. FIRM will require that the language of this certification be included in the award documents for all subawards at all tiers (including sub-contracts, sub-grants, 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, and is a prerequisite for making or entering into this transaction imposed by section 1352. title 3 I. U S Code. SECTION NO. 19: PERSONNEL A. FIRM represents that it has, or will secure at its own expense, all necessary personnel required to perform the services under this AGREEMENT. Such personnel shall not be employees of or have any contractual relationship with the COUNTY. B. All of the services required herein shall be performed by FIRM or under its supervision, and all personnel engaged in performing the services shall be fully qualified and. if required. authorized, licensed or permitted under state and local law to perform such services. C. Any changes or substitutions on FIRM's key personnel as may be listed herein must be made known to the COI'NTY's Contract Manager prior to execution, and written approval granted by the COUNTY before said change or substitution can become effective. D FIRM warrants that all services shall be performed by skilled and competent personnel who shall meet or exceed the professional standards in the field(s) of the work and that services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the work SECTION NO. 20: TAXES, FEES, AND LICENSES Unless otherwise provided in this AGREEMEN I. FIRM shall be responsible for paying and maintaining the current status of all taxes. unemployment contributions, fees, licenses, assessments, permit charges and expenses of any other kind for FIRM required by statute or regulation that are applicable to the AGREEMENT performance. SECTION NO. 21: CONFLICT OF INTEREST Page 9 of 34 DocuSign Envelope ID:F043AB2E-ED2E-4370-A6F0-43A09209744B No officer or employee or governing body member of the COUNTY or FIRM exercising any functions or responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be performed in connection with the project assisted under this AGREEMENT. The COUNTY may, in its sole discretion, by written notice to FIRM terminate this AGREEMENT if it is found after due notice and examination by the COUNTY that there is a violation of the Conflict of Interest provisions contained within this AGREEMENT. In the event this AGREEMENT is terminated as provided in this conflict of interest clause, the COUNTY shall be entitled to pursue the same remedies against FIRM as it could pursue in the event of a breach of the AGREEMENT by FIRM. The rights and remedies of the COUNTY provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. The existence of facts upon which the COUNTY makes any determination under this clause shall be an issue and may be reviewed as provided in the"Disputes"clause of this AGREEMENT. SECTION NO.22: CONTRACTED FIRM SUB-RECIPEIENT The FIRM shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to the subcontracts. Every subcontract prepared by FIRM regarding this AGREEMENT shall bind the sub-recipient to follow all applicable terms of this AGREEMENT. FIRM shall be responsible to the COUNTY if the sub-recipient fails to comply with any applicable term or condition of this AGREEMENT. FIRM shall appropriately monitor the activities of the sub-recipient to ensure fiscal conditions of this AGREEMENT. In no event shall the existence of a subcontract operate to release or reduce the liability of FIRM to the COUNTY for any breach in the performance of FIRM's duties. Every subcontract written related to this AGREEEMENT shall include a term that the COUNTY is not liable for claims or damages arising from a subcontractor's performance of the subcontract. SECTION NO.23: PROCUREMENT FIRM shall comply with all procurement requirements of 2 CFR Part 200.318 through 200.326 and all of FIRM's procurement policies and procedures. SECTION NO.24: EQUIPMENT, REAL PROPERTY,AND SUPPLY MANAGEMENT (IF APPLICABLE) A. "Equipment and Real Property Management. Any purchase of equipment or real property with SLFRF funds must be consistent with the Uniform Guidance at 2 CFR Part 200, Subpart D. Equipment and real property acquired under this program must be used for the originally authorized purpose, unless stated otherwise by Treasury. Consistent with 2 CFR 200.311 and 2 CFR 200.313, any equipment or real property acquired using SLFRF funds shall vest in the non Federal entity.consistent with any guidance that Treasury may issue. Any acquisition and maintenance of equipment or real property must also be in compliance with relevant laws and regulations." B. FIRM and any non-federal entity to which FIRM makes a subaward shall comply with 2 CFR Page 10 of 34 DocuSign Envelope ID:F043AB2E-ED2E-4370-A6F0-43A09209744B 200.318 — 200.326 when procuring any equipment or supplies under this AGREEMENT, 2 CFR 200.313 for management of equipment. and 2 CFR 200.314 for management of supplies. to include, but not limited to 1. Upon successful completion of the terms of this AGREEMENT,all equipment and supplies purchased through this AGREEMENT will be owned by FIRM, or a recognized non- federal entity to which FIRM has made a subaward, for which a contract,subrecipient grant agreement, or other means of legal transfer of ownership is in place: 2. All equipment, and supplies as applicable. purchased under this AGREEMENT will be recorded and maintained in FIRM's inventory system: 3 Inventory system records shall include: a. A description of the property: b. The manufacturer's serial number. model number. or other identification number: c The funding source for the equipment, including the Federal Award Identification Number(FAIN): d. The Assistance Listings Number [formerly Catalog of Federal Domestic Assistance (CFDA) number): e. The identity of the entity who holds the title: f. The acquisition date: g. The cost of the equipment and the percentage of federal participation in the cost: h. The location. use. and condition of the equipment at the date the information was reported: and i. The disposition data including the date of disposal and sale price of the property. 4. FIRM must take a physical inventory of the equipment. and supplies as applicable, and reconcile the results with the property records at least once every two (2) years. Any differences between quantities determined by the physical inspection and those shown in the records shall be investigated by FIRM to determine the cause of the difference. FIRM shall. in connection with the inventory. verify the existence. current utilization, and continued need for the equipment. 5. FIRM shall be responsible for any and all operational and maintenance expenses and for the safe operation of their equipment and supplies including all questions of liability. Further. if applicable. FIRM shall develop appropriate maintenance schedules and procedures to ensure the equipment. and supplies as applicable, are well-maintained and kept in good operating condition. 6. FIRM must develop a control system to ensure adequate safeguards to prevent loss. damage. and theft of the property Any loss, damage or theft shall be investigated and a report generated and sent to the COUNTY. 7. FIRM shall obtain and maintain all necessary certifications and licenses for the equipment. 8. If FIRM is authorized or required to sell the property, proper sales procedures shall be established and followed to ensure the highest possible return. For disposition. if upon Page 1 I of 34 DocuSign Envelope ID F043AB2E-ED2E-4370-A6F0-43A09209744B termination or at the AGREEMENT end date, when original or replacement supplies or equipment acquired under a federal award are no longer needed for the original project or program or for other activities currently or previously supported by a federal awarding agency, FIRM shall comply with the following procedures: a. For Supplies: If there is a residual inventory of unused supplies exceeding $5,000 in total aggregate value upon termination or completion of the project or program and the supplies are not needed for any other federal award, FIRM shall retain the supplies for use on other activities or sell them,but shall, in either case,compensate the federal government for its share. The amount of compensation must be computed in the same manner as for equipment. b. For Equipment: I. Items with a current per-unit fair-market value of $5,000 or less may be retained, sold,or otherwise disposed of with no further obligation to the federal awarding agency: or 2. Items with a current per-unit fair-market value in excess of $5.000 may be retained or sold. FIRM shall compensate the federal-sponsoring agency in accordance with the requirements of 2 CFR 200.3 I (e)(2). 9. Records for equipment shall be retained by FIRM for a period of six (6) years from the date of disposition, replacement, or transfer. If any litigation, claim, or audit is started before the expiration of the six(6)year period,the records shall be retained by FIRM until all litigation, claims,or audit findings involving the records have been resolved. C. Unless expressly provided otherwise,all equipment shall meet all mandatory regulatory and/or federal adopted standards to be eligible for purchase using Federal award funds. D. As a subrecipient of federal funds, FIRM shall pass on equipment and supply management requirements that meet or exceed the requirements outlined above to any non-federal entity to which FIRM makes a subaward of federal award funds under this AGREEMENT. SECTION NO.25: DISPUTE RESOLUTION Except as otherwise provided in this AGREEMENT. when a bona fide dispute arises between the parties and it cannot be resolved through discussion and negotiation,either party may request a dispute resolution panel to resolve the dispute. For the purpose of this AGREEMENT. disputes shall not include the following: I)failure to fulfill in a timely and proper manner the obligations contain within this AGREEMENT, 2) financial insolvency or in a financial condition so as to endanger the performance contained within the AGREEMENT or 3) violation of any laws or regulations that renders FIRM unable to perform any aspect of the AGREEMENT. A request for a dispute resolution panel shall be in writing,shall state the disputed issue(s),shall state the relative positions of the parties and shall be sent to all parties.The panel shall consist of a representative appointed by the COUNTY, a representative by FIRM and a third party mutually agreed upon by both parties, who shall be a member in good standing of the Washington State Bar Association with a minimum often(10)years' relevant experience. In the event that the parties are unable to reach agreement on the third panel member the dispute over such member the appointment issue shall be submitted to the Yakima County Superior whom shall have the authority to appoint any person as the third panel member with relevant experience and licensure as set forth above. The panel shall by majority vote, resolve the Page 12 of 34 DocuSign Envelope ID F043AB2E-ED2E-4370-A6F0-43A09209744B dispute. Each party shall bear the cost for its panel member and its own attorney fees and costs and share equally the cost of the third panel member The decision of the Panel shall be final and binding upon the parties. The Panel shall be governed by the duly promulgated rules and regulations of the American Arbitration Association or its successor, and RCW 7.04A. The situs of any proceeding before the panel shall occur in Yakima County,Washington. The decision of the panel may be entered as a judgment in any court of the State of Washington or elsewhere. SECTION NO.26: INDEMNIFICATION The COUNTY shall protect. defend. indemnify. and hold harmless FIRM while acting within the scope of this AGREEMENT as such, from any and all costs. claims,judgments, and/or awards of damages(both to persons and or property).The COUNTY will not be required to indemnify,defend. or save harmless FIRM if the claim, suit, or action for injuries, death, or damages (both to persons and/or property)is caused by the sole negligence of FIRM. Where such claims,suits,or actions result from the concurrent negligence of both PARTIES,the indemnity provisions provided herein shall be valid and enforceable only to the extent of each Party's own negligence. FIRM agrees to protect. defend. indemnify, and hold harmless the COUNTY. its officers. officials. employees. and agents while acting within the scope of their employment as such, from any and all costs,claims,judgments and/or awards of damages(both to persons andior property). FIRM will not be required to indemnity. defend, or save harmless the COUNTY if the claim, suit, or action for injuries, death, or damages (both to persons and/or property) is caused by the sole negligence of COUNTY Where such claims, suits, or actions result from the concurrent negligence of both PARTIES,the indemnity provisions provided herein shall be valid and enforceable only to the extent of each Party's own negligence. The COUNTY and FIRM agree that the obligations under this section extend to any claim,demand and or cause of action brought by.or on behalf of.any COUNTY employees or agents or FIRM while performing work authorized under this AGREEMENT. For this purpose. the COUNTY and FIRM. by mutual negotiation. hereby waive any immunity that would otherwise be available to it against such claims under the Industrial Insurance provisions of chapter 51.12 RCVS. These indemnifications and waiver shall sure ive the termination of this AGREEMENT. SECTION NO. 27: SCCCESORS AND ASSIGNS A. The COUNTY and FIRM each bind itself and its partners. successors, executors, administrators, and assigns to the other party of this Contract and to the partners. successors. executors, administrators and assigns of such other party. in respect to all covenants of this AGREEMENT. Except as above, neither the COI'NTY nor FIRM shall assign_ sublet, convey, or transfer its interest in this AGREEMENT without the written consent of the other. B Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the COUNTY which may be a party hereto, nor shall it be construed as giving any rights or benefits hereunder to any one other than the Page 13 of 34 DocuSign Envelope ID F043AB2E-ED2E-4370-A6F0-43A09209744B COUNTY and FIRM. SECTION NO.28: EXECUTION AND APPROVAL The signatories to this AGREEMENT represent that they have the authority to bind their respective organizations to this AGREEMENT. Only the PARTIES' authorized representatives shall have the express, implied or apparent authority to alter,amend,modify or waive any clause or condition of this AGREEMENT. Any alteration, amendment. modification, or waiver of any clause or condition of this AGREEMENT is not effective or binding unless made in writing and signed by both PARTIES'authorized representatives. Further,only the Authorized Signature representatives or the designee of the Authorized Signature representative shall have signature authority to sign reimbursement requests, time extension requests, amendment and modification requests, requests for changes to projects or work plans and other requests, and certifications and documents authorized by or required under this AGREEMENT. SECTION NO. 29: LOSS OR REDUCTION OF FUNDING In the event funding from state,federal,or other sources is withdrawn, reduced,or limited in any way after the effective date of this AGREEMENT and prior to normal completion or end date, the COUNTY may unilaterally reduce the scope of work and budget or unilaterally terminate this AGREEMENT in whole or in part by providing thirty (30)calendar days' written notice, beginning on the third day after mailing to FIRM as a "Termination for Cause" without providing FIRM an opportunity to cure. Alternatively, the PARTIES may renegotiate the terms of this AGREEMENT under "Amendments and Modifications" to comply with new funding limitations and conditions, although the COUNTY has no obligation to do so. The COUNTY shall have the unilateral power to determine by 08/31/2024 or any date after if this contract as a whole has the ability to be spent down completely by the contract end date referenced on the face sheet of this contract. In the event the County believes this contact will not be spent down by the contract end date the COUNTY may unilaterally reduce the scope of work and budget or unilaterally terminate this AGREEMENT in whole or in part by providing thirty(30)calendar days' written notice,beginning on the third day after mailing to FIRM as a"Termination for Cause'without providing FIRM an opportunity to cure. Alternatively, the PARTIES may renegotiate the terms of this AGREEMENT under"Amendments and Modifications-to comply with new funding limitations and conditions,although the COUNTY has no obligation to do so. SECTION NO.30: NONASSIGNABILITY Neither this AGREEMENT, nor any claim arising under this AGREEMENT, shall be transferred or assigned by FIRM. SECTION NO.31: NOTICES Except as provided to the contrary herein, all notices or other communications given hereunder shall be deemed given on:(i)the day such notices or other communications are received when sent by personal delivery; or(ii)the third day following the day on which the same have been mailed by first class delivery,postage prepaid addressed to the COUNTY or FIRM at the address set forth Page 14 of 34 DocuSign Envelope ID F043AB2E-ED2E-4370-A6F0-43A09209744B on the FACE SHEET of this AGREEMENT for such Party.or at such other address as either Party shall from time-to-tine designate by notice in writing to the other Party SECTION NO.32: POLITICAL ACTIVITY No portion of the funds provided herein shall be used for any partisan political activity or to further the election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue. SECTION NO.33: RECORDS A. FIRM agrees to maintain all books. records, documents, receipts, invoices and all other electronic or written records necessary to sufficiently and properly reflect FIRM's contracts. subawards. grant administration, and payments. including all direct and indirect charges, and expenditures in the performance of this AGREEMENT(the"records"). B. FIRM's records relating to this AGREEMENT and the projects funded may be inspected and audited by the COUNTY and/or its designee. by the Office of the State Auditor. or by other state or federal officials authorized by law, for the purposes of determining compliance by FIRM with the terms of this AGREEMENT and to determine the appropriate level of funding to be paid under the AGREEMENT. C. The records shall be made available by FIRM for such inspection, and audit together with suitable space for such purpose. at any and all times during FIRM's normal working day. D. FIRM shall retain and allow access to all records related to this AGREEMENT and the funded project(s) for a period of at least six(6)years following final payment and closure of the grant under this AGREEMENT. If any litigation. claim, or audit is started before the expiration of the six (6) year period, the records shall be retained by FIRM until all litigation, claims, or audit findings involving the records have been resolved. SECTION NO.34: CONFIDENTIALITY/SAFEGUARDING OF INFORMATION A. "Confidential Information" as used in this section includes: 1. All material provided to FIRM by the COUNTY that is designated as "confidential" by the COL'.\ I Y: 2 All material produced by FIRM that is designated as "confidential" by the COUNTY: and 3 All personal information in the possession of FIRM that may not be disclosed under state or federal law. "Personal information" includes but is not limited to information related to a person's name, date of birth, health, finances, education. business. use of government services. addresses. telephone numbers, social security number, driver's license number and other identifying numbers. and "Protected Health Information" under the federal I lealth Insurance Portability and Accountability Act of 1996(HIPAA) B. FIRM shall comply with all state and federal laws related to the use. sharing, transfer. sale, or disclosure of Confidential Information. FIRM shall use Confidential Information solely for the purposes of this AGREEMENT and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of the Page 15 of 34 DocuSign Envelope ID:F043AB2E-ED2E-4370-A6F0-43A09209744B COUNTY or as may be required by law. FIRM shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request, FIRM shall provide the COUNTY with its policies and procedures on confidentiality. The COUNTY may require changes to such policies and procedures as they apply to this AGREEMENT whenever the COUNTY reasonably determines that changes are necessary to prevent unauthorized disclosures. FIRM shall make the changes within the time period specified by the COUNTY. Upon request, FIRM shall immediately return to the COUNTY any Confidential Information that the COUNTY reasonably determines has not been adequately protected by FIRM against unauthorized disclosure, and FIRM shall ensure destruction of any and all retained copies of such CONFIDENTIAL materials after the period of retention of records required herein. c . Unauthorized Use or Disclosure. FIRM shall notify the COUNTY within five(5)working days of any unauthorized use or disclosure of any confidential information,and shall take necessary steps to mitigate the harmful effects of such use or disclosure. SECTION NO.35: PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION The funds provided under this AGREEMENT shall not be used in payment of any bonus or commission for the purpose of obtaining approval of the Grant which is the basis of funding this AGREEMENT or any other approval or concurrence under this AGREEMENT. Provided, however, that reasonable fees for bona fide technical consultant. managerial, or other such services,other than actual solicitation, are not hereby prohibited if otherwise eligible as costs. SECTION NO.36: PUBLICITY FIRM agrees not to publish or use any advertising or publicity materials in which the COUNTY's name is mentioned, or language used from which the connection with the COUNTY's name may reasonably be inferred or implied, without the prior written consent of the COUNTY. SECTION NO.37: TERMINATION FOR CONVENIENCE Notwithstanding any provisions of this AGREEMENT, FIRM may terminate this AGREEMENT by providing written notice of such termination to the COUNTY's Key Personnel identified in the AGREEMENT. specifying the effective date thereof,at least thirty(30)days prior to such date. Except as otherwise provided in this AGREEMENT, the COUNTY, in its sole discretion and in the best interests of the COUNTY, may terminate this AGREEMENT in whole or in part by providing thirty (30) calendar days' written notice, beginning on the third day after mailing to FIRM. Upon notice of termination for convenience, the COUNTY reserves the right to suspend all or part of the AGREEMENT, withhold further payments pending calculation of any amounts owed FIRM pursuant to Section No. 38 below, or prohibit FIRM from incurring additional obligations of funds. In the event of termination, FIRM shall be liable for all damages as authorized by law. The rights and remedies of the COUNTY provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. SECTION NO.38: TERMINATION OR SUSPENSION FOR CAUSE Page 16 of 34 DocuSign Envelope ID F043AB2E-ED2E-4370-A6F0-43A09209744B In the event the COI. ` I Y, in its sole discretion. determines FIRM has failed to fulfill in a timely and proper manner its obligations under this AGREEMENT, is in an unsound financial condition so as to endanger performance hereunder, is in violation of any laws or regulations that renders FIRM unable to perform any aspect of the AGREEMENT, or has violated any of the covenants, agreements or stipulations of this AGREEMENT, the COUNTY has the right to immediately suspend or terminate this AGREEMENT in whole or in part. The COUNTY shall. except as otherwise provided herein, notify FIRM in writing of the need to take corrective action and provide a period of time in which to cure. The COUNTY is not required to allow FIRM an opportunity to cure if it is not feasible as determined solely within the COUNTY'S discretion Any time allowed for cure shall not diminish or eliminate FIRM's liability for damages or otherwise affect any other remedies available to the COUNTY. If the COUNTY allows FIRM an opportunity to cure, the COUNTY shall notify FIRM in writing of the need to take corrective action. If the corrective action is not taken within ten (10) calendar days or as otherwise specified by the COUNTY, or if such corrective action is deemed by the COUNTY to be insufficient, the AGREEMENT may he terminated in whole or in part. The COUNTY reserves the right to suspend all or part of the AGREEMENT, withhold further payments, pending calculation of any amounts owed FIRM pursuant to Section No. 39 below, or prohibit FIRM from incurring additional obligations of funds during investigation of the alleged compliance breach. pending corrective action by FIRM, if allowed. or pending a decision by the COUNTY to terminate the AGREEMENT in whole or in part. In the event of termination for cause. FIRM shall be liable for all damages as authorized by law, including but not limited to. any cost difference between the original AGREEMENT and the replacement or cover AGREEMENT and all administrative costs directly related to the replacement AGREEMENT, e.g., cost of administering the competitive solicitation process. mailing, advertising and other associated staff time. The rights and remedies of the COUNTY prov ided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. If it is determined that FIRM. (I) was not in default or material breach. or(2) failure to perform was outside of FIRM's control, fault or negligence. the termination shall be deemed to be a"Termination for Convenience." SECTION NO. 39: TERMINATION PROCEDURES In addition to the procedures set forth below, if the COUNTY terminates this AGREEMEN F. FIRM shall follow any procedures specified in the termination notice. Upon termination of this AGREEMENT and in addition to any other rights provided in this AGREEMENT. the COUNTY may require FIRM to deliver to the COUNTY any property specifically produced or acquired for the performance of such part of this AGREEMENT If the termination is for convenience, the COUNTY shall pay to FIRM an agreed upon price, if separately stated, for properly authorized and completed work and sery ices rendered or goods delivered to and accepted by the COUNTY prior to the effective date of AGREEMENT termination, in the amount agreed upon by FIRM and the COUNTY for (i) completed work and services and/or equipment or supplies provided for which no separate price is stated. (ii) partially completed work and services and/or equipment or supplies provided which are accepted by the COUNTY,(iii)other work.services and/or equipment or supplies and services which are accepted by the COUNTY. and (iv) necessary for the protection and preservation of property. Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes" clause Page 17 of 34 DocuSign Envelope ID:F043AB2E-ED2E-4370-A6F0-43A09209744B of this AGREEMENT. If the termination is for cause, the COUNTY shall determine the extent of the liability of the COUNTY. The COUNTY shall have no other obligation to FIRM for termination. The COUNTY may withhold from any amounts due to FIRM such sum as the COUNTY determines to be necessary to protect the COUNTY against potential loss or liability. The rights and remedies of the COUNTY provided in this AGREEMENT shall not be exclusive and are in addition to any other rights and remedies provided by law. After receipt of a notice of termination,and except as otherwise directed by the COUNTY in writing, FIRM shall: A. Stop work under the AGREEMENT on the date,and to the extent specified, in the notice; B. Place no further orders or sub-contracts for materials, services. supplies, equipment and/or facilities in relation to this AGREEMENT except as may be necessary for completion of such portion of the work under the AGREEMENT as is not terminated: C. Assign to the COUNTY, in the manner, at the times, and to the extent directed by the COUNTY,all of the rights,title, and interest of FIRM under the orders and sub-contracts so terminated, in which case the COUNTY has the right,at its discretion,to settle or pay any or all claims arising out of the termination of such orders and sub-contracts; D. Settle all outstanding liabilities and all claims arising out of such termination of orders and sub-contracts,with the approval or ratification of the COUNTY to the extent the COUNTY may require.which approval or ratification shall be final for all the purposes of this clause: E. Complete performance of such part of the work not having been completed may be completed by the COUNTY, or its assigns, at COUNTY's discretion, in compliance with all contractual requirements. Further, COUNTY may,at its discretion, allow for FIRM to complete any parts or portions of the agreement not terminated by COUNTY to be completed by FIRM; and F. Take such action as may be necessary,or as the COUNTY may require, for the protection and preservation of the property related to this AGREEMENT which is in the possession of FIRM and in which the COUNTY has or may acquire an interest. SECTION NO.40: WAIVER No conditions or provisions to this AGREEMENT can be waived unless approved in advance in writing. Either PARTY's failure to insist upon strict performance of any provision of the AGREEMENT or to exercise any right based upon a breach thereof, or the acceptance of any performance during such breach,shall not constitute a waiver of any right under this AGREEMENT. SECTION NO.41: UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES(MWBE) FIRM is encouraged to utilize business firms that are certified as minority-owned and/or women- owned in carrying out the purposes of this AGREEMENT. FIRM may set utilization standards, based upon local conditions or may utilize the state of Washington MWBE goals, as identified in the Washington Administrative Code(WAC)326-30-041. SECTION NO. 42: INSURANCE Page 18 of 34 DocuSign Envelope ID F043AB2E-ED2E-4370-A6F0-43A09209744B FIRM shall furnish and maintain all insurance as required herein and comply with all limits, terms and conditions stipulated therein, at their expense, for the duration of the AGREEMENT. The following is a list of the required AGREEMENT coverage requirements. GENERAL LIABILITY INSURANCE: Firm agrees to maintain a policy with a limit of liability of not less than two million (S2.000,000.00) each occurrence and five million (S5,000.000.00) General Aggregate coverage. Insurance shall be written on ISO occurrence form CG 00 01 or an alternative form providing equal or broader liability coverage Such coverage shall not contain any endorsement(s) excluding or limited Products Completed, Operations, or Contractual Liability and/or Cross Liability AUTOMOBILE LIABLE ITY INSURANCE with a combined single limit, or the equivalent of not less than S2.000,000 each accident for bodily injury and property damage. including coverage for owned, hired and non-owned vehicles. ADDITIONAL INSURED ENDORSEMENT: General Liability Insurance must provide that YAKIMA COUNTY, it's officers, agents and employees, and any other entity specifically required by the provisions of this AGREEMENT will be specifically named as additional insured(s) for all coverage provided by this policy of insurance and shall be fully and completely protected by this policy from all claims. Language such as the (bllowing should be used "Yakima County. Its' Officers. Agents and Employees Are Named As An Additional Insured As Respects To AGREEMENT BETWEEN YAKIMA COI•NTY AND FIRM, IN CONJUNCTION WITH THE AMERICAN RESCUE PI..1N. CORONA STATE AND LOCAL FISCAL RECOVERY FUND AWARD". WORKERS COMPENSATION: If FIRM has employees. it shall show proof of Worker's Compensation coverage effective in Washington State by providing its State Industrial Account Identification Number Provision of this number will be FIRM's assurance that coverage is in effect. PROFESSIONAL LIABILITY INS',RANCE- FIRM shall provide errors & omissions coverage in the form of Professional liability insurance coverage in the minimum amount of S2.000,000.00. Any exclusion to FIRM's insurance policies that may restrict coverage required in the AGREEMENT's insurance requirements must be pre-approved by the Yakima County Corporate Counsel. FIRM's insurer shall have a minimum A.M. Best's rating of A-VII and shall be authorized to do business in the State of Washington. Evidence of such insurance shall consist of a completed copy of the certificate of insurance,signed by the insurance agent for FIRM and either the additional insured policy language or a copy of any required endorsement(s) and returned to the Yakima County Risk Manager. The insurance policy or policies will not be canceled, materially changed or altered without forty-five (45)days prior notice submitted to the COI_ N I Y. [he policy shall be endorsed and the certificate shall reflect that the COUNTY is named as an additional insured on FIRM's general liability policy with respect to activities under the AGREEMEN1.The policy shall provide and the certificate shall reflect that the insurance afforded applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the company's liability. Page 19 of 34 DocuSign Envelope ID:F043AB2E-ED2E-4370-A6F0-43A09209744B The policy shall be endorsed and the certificate shall reflect that the insurance afforded therein shall be primary insurance and any insurance or self-insurance carried by the COUNTY shall be excess and not contributory insurance to that provided by FIRM. Failure of FIRM to fully comply with the insurance requirements set forth herein, during the term of the AGREEMENT, shall be considered a material breach of contract and cause for immediate termination of the AGREEMENT at the COUNTY's discretion. Providing coverage in the above amounts shall not be construed to relieve FIRM from liability in excess of such amounts. ADDITIONAL INSURED ENDORSEMENT: General Liability Insurance must provide that Yakima County, it's officers, agents and employees, and any other entity specifically required by the provisions of this AGREEMENT will be specifically named as additional insured(s) for all coverage provided by this policy of insurance and shall be fully and completely protected by this policy from all claims. Language such as the following should be used, "Yakima County, Its' Officers,Agents, and Employees are Named As An Additional Insured as Respects To AGREEMENT BETWEEN YAKIMA COUNTY AND FIRM, IN CONJUNCTION WITH THE AMERICAN RESCUE PLAN,CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUND AWARD." ALTERNATIVE ADEQUATE INSURANCE COVERAGE VERIFICATION: In the event that FIRM is a government agency that is covered by a Risk Pool insurance carrier is not able to comply with the ADDITIONAL INSURED ENDORSEMENT requirement above, upon written consent and acceptance by Yakima County, FIRM may satisfy the additional insured requirement by timely providing a letter from their Risk Pool insurance carrier that indicates that they have adequate and sufficient coverage to be responsible for any claim made in connection with this AGREEMENT in conjunction with the AMERICAN RESCUE PLAN,CORONA VIRUS STATE AND LOCAL FISCAL RECOVERY FUND AWARD. SECTION NO.43: MONITORING The COUNTY will monitor the activities of FIRM from the award date to closeout. The goal of the monitoring activities will be to ensure that FIRM,as an agency receiving federal pass-through funds, is in compliance with the federal grant award requirements as well as federal/state audit requirements. To document compliance with the 2 CFR Part 200 Subpart F requirements, FIRM shall complete and return to the COUNTY the attached Audit Certification Form which is incorporated herein and made part of this AGREEMENT. The Audit Certification Form must be signed each fiscal year thereafter until the completion of this AGREEMENT. Monitoring activities performed by the COUNTY may include, but are not limited to: a. Review of financial and performance reports:and b. Review of reimbursement requests and supporting documentation. including time sheets as well time and effort certifications to ensure compliance with federal rules and regulations. FIRM is required to pass on this monitoring language in all subcontract awards and to perform all monitoring activities regarding any sub-recipient. Page 20 of 34 DocuSign Envelope ID:F043AB2E-ED2E-4370-A6F0-43A09209744B SECTION NO. 44: NON-SOLICITATION AGREEMENT A. Each Party understands that the other Party's individual employees are some of the most valuable assets within their organization, responsible for the creative forces behind each Party's advancements in technology and business development. Recognizing the value each Party places on its individual employees and each Party's interest in retaining its employees. it is agreed that during the term of this AGREEMENT, neither Party shall, directly or indirectly. induce or try to induce any employee of the other Party to leave the employment of the other Party or that of any of its subsidiaries or affiliates to work for another person or company that does or may be expected to compete with the non-soliciting Party or any of its subsidiaries or affiliates. SECTION NO. 45: EXCUSABLE DELAYS FIRM shall not be considered in default by reason of any failure in performance if such failure arises out of causes reasonably beyond FIRM's control and without its fault or negligence. Such causes may include, but are not limited to• acts of God: the COLN TY's omissive and commissive failures; natural or public health emergencies: labor disputes. freight embargoes: and severe weather conditions. SECTION NO. 46: ANTI-KICKBACK A No officer or employee of the COUNTY. having the power or duty to perform an official act or action related to this AGREEMENT, shall have or acquire any interest in this AGREEMENT,or have solicited,accepted or be granted a present or future gift. favor.service, or other thing of value from or to any person involved in this AGREEMENT. B. FIRM warrants that it has not employed or retained any company or person. other than a bona tide employee working solely for FIRM to solicit or secure this AGREEMENT and that it has not paid or agreed to pay any person. company. corporation. individual. or Firm, other than a bona fide employee working solely for FIRM any fee. commission. percentage. gift. or any other consideration contingent upon or resulting from the award or making of this AGREEMEN I. SECTION NO. 46: PRECEDENCE Contract Documents: The Contract Documents consist of this agreement and the other documents listed below and all modifications and modifications issued subsequent thereto These form a contract and all are as fully a part of the contract as if attached to this agreement or repeated herein. In the event of any inconsistency between the provisions of this Agreement and the documents listed below, the provisions of this Agreement will control and the order of precedence will be in the order listed. An enumeration of the contract documents is set forth below. I. Modifications: and 2. This Agreement: and 3. The Request For Proposals P5001 ARP;and 4. FIRM Response to the Request for Proposal. Page 21 of 34 DocuSign Envelope ID F043AB2E-ED2E-4370-A6F0-43A09209744B EXHIBIT A STATEMENT OF WORK Services performed under this contract may consist of, but are not limited to. the following tasks. Upon mutual agreement by the County and the Subrecipient of a detailed work program and time schedule, the Subrecipient shall, in a satisfactory and proper manner. perform the following types of services. CITY OF YAKIMA: • Construct a public swimming pool located in east Yakima that will provide the neighborhood with inexpensive recreational swimming opportunities, exercise classes, water safety and swimming lessons. Neighborhood pools are a source of community pride and identity. The new pool will provide increased property values and provide positive alternatives to negative involvements for children such as crime and gang activity. YAKIMA COUNTY RESPONSIBILITIES: • Provide ARPA l and Grant reimbursements for up to S3.000.000.00 • Submit the ARPA Reporting documentation. provided by to the F.:deril Government. for the County, quarterly report for ARPA Compliance. • Review ARPA Reporting documentation for completeness and compliance. Page 22 of 34 DocuSign Envelope ID:F043AB2E-ED2E-4370-A6F0-43A09209744B EXHIBIT B BUDGET DETAIL The below budget is approved for reimbursement of eligible use expenses per the Yakima Board of County Commissioners award amount not to exceed S3,000,000.00. The below format will be required for reimbursements to the project. Item Total Direct Costs Related to the Construction of a Community Swimming 3,000,000.00 Pool located at Martin Luther King Jr. Park in Yakima Total S3,000,000.00 The Yakima County Finance Director has the authority to amend line item budget figures at their discretion. -these changes must stay within the total award amount. See Scope of 14ork for detailed description of dunes Payment Procedures I Requests for reimbursement by the Firm shall he submitted no more than once per month In order to be eligible for reimbursement all expenses must be submitted with supporting documentation. Payroll Expenses must be accompanied by a Time and Effort Certification and a timesheet signed by the employee and supervisor. 2. At the Contractor's first request for reimbursement. Yakima County Financial Services will require detailed back-up documentation for all expenditures. All back-up documentation must be available to all other auditors, upon request. 3. Monthly invoices must be submitted as follows • Electronically Submitted electronic invoices must be pros ided to your Contract Manager contact designated on the Face Sheet of this agreement at the Yakima County Financial Services Department. Electronic invoices must be submitted no later than the 10'h of the month If the 10`h falls on a Saturday, invoices must be received by close of business the preceding Friday. lithe 10' falls on a Sunday, invoices must be received by close of business the following Monday Page 23 of 34 DocuSign Envelope ID F043AB2E-ED2E-4370-A6F0-43A09209744B 4. All County warrants must be issued to the subrecipient no later than September 30,2026. to qualify for reimbursement. 5. Quarterly Reporting must be submitted via the online ARPA Portal within t 5 days of the end of the quarter. Page 24 of 34 DocuSign Envelope ID F043AB2E-ED2E-4370-A6F0-43A09209744B EXHIBIT C FFATA FORM .uhrecipient 1gency City of Yakima ' (.rant and Near ARP.\ 2023-2026 ‘ereement `umber ARPA-36786 ( ompteted by RosylenOgiesby Assistant uryM,,,Nerv„e'rn3.G.'si''narxaae'age• 509.575 5040 • Date ( .�(npiete l STEP 1 s your grant a_reement less than 525.000:' —YES \�t STOP,no further analysis GO to Step 2 needed.GO to Step 6 R STEP 2 In your preceding fiscal year,did your organization l l ti NO STOP,no further receive 80%or more of its annual gross revenues — I GO to STEP 3 analysis needed,GO to from federal funding' X Step 6 STEP 3 YE S No> STOP,no further In your preceding fiscal year.did your organization GO to STEP 4 analysis needed.GO to receive S25,000,000 or more in federal funding? Step r; STEP 4 I I Does the public have access to information about the 'i Fti Ni i total compensation*of senior executives in your S"fOP,no further analysis needed,GO to step 6 CO to STEP 5 organization. STEP 5 Executive rtl Name: Total Compensation amount:$ Executive e2 Name Total Compensation amount S Name: Executive#3 Total Compensation amount.$ Name Executive R4 Total Compensation amount:S Name: Executive#5 Total Compensation amount:S STEP 6 If your organization does no meet these criteria,specifically identify helow each criteria that is not met for your organization: For Example. "Our organizarrm received Tess t1h 5 an S ,000" Signature i \U , '" )' J Date. apni 17 2024 Total co sauon rears to ) J • Salary and bortn es • Awards of stock,stock options,and stock appreciation rights • Other compensation including,but not limited to severance and termination payments • Life insurance value paid on behalf of the employee Additional Resources http, www whttehouse.gov:omb,open http: www hrsa gov grants/ffata.html http. www gpo goy fdsys/pkg:FR-2010-09-14 pdf 2010-22705 pdf http - www.grants goy Page 25 of 34 DocuSign Envelope ID F043AB2E-ED2E-4370-A6F0-43A092097446 EXHIBIT D 2 CFR Part 200 Subpart F Audit Certification Form Audits of States. Local Governments, Indian Tribes and Non-Profit Organizations Contact Information Subrecipient Name: City of Yakima Authorized Chief Financial Officer n Oglesby, Assistant City Manager/Interim Director of Finance& Budget Address: 129 N. 2nd Steet Yakima,WA 98901 Email: tosylen oglesbyi yakimawa goy Phone#:509.575.6040 Purpose: As a pass-through entity of federal grant funds.YAKIMA COUNTY is required by 2 CFR Part 200 Subpart F to monitor actin ices of subrectpients to ensure federal awards are used for authorized purposes and verify that subrecipients expending S750,000 or more in federal awards during their fiscal year have met the 2 CFR Part 200 Subpart F Audit Requirements Your entity is a subrecipient subject to such monitoring by 1"AKIMA COUNTY because it is a non-federal entity that expends federal grant funds received from YAKIMA COUNTY as a pass-through entity to carry out a federal program 2 CFR Part 200 Subpart F should be consulted when completing this form Directions:As required by 2 CFR Part 200 Subpart F.non-federal entities that expend S750,000 in federal awards in a fiscal year shall have a single or program-specific audit conducted for that year If your entity is not subject to these requirements.you must complete Section A of this form. If your entity is subject to these requirements,you must complete Section B of this form.When completed,you must sign.date and return this form with your grant agreement and every fiscal year thereafter until the grant agreement is closed. Failure to return this completed Audit Certification Form may result in delay of grant agreement processing.withholding of federal awards or disallowance of costs and suspension or termination of federal awards SECTION A:Entities NOT subject to the audit requirements of 2 CFR Part 200 Subpart F Our entity is not subject to the requirements of 2 CFR Part 200 Subpart F because(check all that apply). ❑We did not expend S750,000 or more of total federal awards during the fiscal year ❑We are a for-profit agency ❑ We are exempt for other reasons(describe). However.by signing below.I agree that we are still subject to the audit requirements.laws and regulations governing the program(%)in which we participate,that we are required to maintain records of federal funding and to provide access to such records by federal and state agencies and their designees.and that YAKIMA COUNTY may request and be provided access to additional information and/or documentation to ensure proper stewardship of federal funds SECTION B;Entities that ARE subject to the requirements of 2 CFR Part 200 Subpart F (Complete the information below and check the appropriate box) ❑ We completed our last 2 CFR Part 200 Subpart F Audit on[enter date] tier Fiscal Year ending[enter date J I here were no findings related to federal awards from YAKIMA COIN FY No follow-up action is required by Y.AKiMA COUNTY as the pass- through entity A complete copy of the audit report,which includes exceptions,corrective action plan and management response.is either provided electronically to the N.-AMNIA COt NIA Office of Financial Assistance,is enclosed or is available online at: http/iwtivvi: ®We completed our last 2 CFR Part 200 Subpart F Audit on[enter date] s'° "Oe 1s 2tl21 for Fiscal Year ending[enter date] December 31 2022 There were findings related to federal awards A complete copy of the audit report,which includes exceptions,corrective action plan and management response,is either pros ided electronically to the YAKIMA COt N Office of Financial Assistance,is enclosed or is available online at: http:,wwtiy: chrome-extension teesonemnnniispcalecgleefenertikalitetps/Nem yalurnawa go Ws ervicesKnancerfilest2022-ACFR-COY-9 26 23- eC pW 0 Our completed 2 CFR Part 200 Subpart F Audit will be available on[enter date) _ for Fiscal Year ending[enter date] Vie will forward a copy of the audit report to YAKIMA COL-\I t Office of Financial Assistance at that time or provide the state auditor report number i hereby certify that I am an indisidual authorized by the above identified entity to complete this form. Further, I certify that the abase information is true and correct and all relevant material findings contained in audit report/statement hase been disclosed. Additionally, i understand this Form is to be submitted every fiscal year for which this entity is a subrecipient of federal grant funds from l AMNIA COl'`Tl until the grant agreement contract is closed T A Signature of Authorized Financial Official: 0,'. ! � 1 Date: April 17 2024 Print Name&Title: Rosylen Oglesby.A's tent City Man eriintelim !rector of koence&Budget Page 26 of 34 DocuSign Envelope ID F043AB2E-ED2E-4370-A6F0-43A09209744B EXHIBIT E-CERTIFICATION FORM Compliance with the Equal Employment Opportunity Plan(EEOP) Requirements Please real arejully the liLstructions(see below)and then complete Section.4 or Section B or Section C.not all three lfrecipierr completes Section.4 or C and sub-grants a single award over 5500 000,in addition.please complete Section D Recipient's Name: City of Yakima Address: 129 N. 2nd Street Yakima.WA 98901 is agency a; . Direct or x Sub recipient ( I_aw Enforcement Agency?7.1 Yes m No DUNS Number Vendor Number(only i(direct recipient) Name and Title of Contact Person. Telephone Number E-Mail Address Section A—Declaration Claiming Complete Exemption from the ESOP Requirement Please check all the following hoses that apply Less than fifty employees c Indian Tribe 'Medical institution Li Nonprofit Organization c Educational Institution Receiving a single award(s)less than S25,000. ►, [responsible official], certify that [recipient]is not required to prepare an EEOP for the reasons)checked above,pursuant to 28 C.F.R§42,302.1 further certify that [recipient] will comply with applicable federal civil rights laws that prohibit discrimination in employment and in the delivery of services. If recipient sub-grants a single award over S500,000, in addinon,please complete Section D Print or Type,'lame and Title Signature Date Section B—Declaration Claiming Exemption from the EEOP Submission Requirement and Certifying That an EEOP Is on File for Review If a recipient agency has fifty or more employees and is receiving a single award or,subaward,of S25,000 or more hut less than S 500,0(k) then the recipient agency does not have to submit an ESOP to the OCR lot review as long as it certifies the following(42 C F R 4 42 305) I, [responsible official], certify that [recipient],which has fifty or more employees and is receiving a single award of S25,000 or more,but less than S500,000,has formulated an EEOP in accordance with 28 CFR pt 42,subpt. E. i further certify that within the last twenty-four months,the proper authority has formulated and signed into effect the EEOP and,as required by applicable federal law,it is available for review by the public,employees,the appropriate state planning agency,and the Office for Civil Rights,Office of Justice Programs,U S. Department of Justice. The EEOP is on file at the following office. [organization] (address/ Print or Type Name and Tile Signature Date Section C—Declaration Stating that an EEOP Short Form Has Been Submitted to the Office for Civil Rights for Review If recipient agency has Nil,or more employees and is receiving a single award,or subaward,Q13500,000 or more,then the recipient agency must send an EEOP Short Form to the OCR for review l /` �, 1 i tltle� \--kk Il(t�:�( [responsible official], certify that_.]tY l lll{{l(P [recipient], which has fifty or more employees and is receiving a si le w d of S500,000 or more,hasrformulatek an EEOP in accordance with 28 CFR pt. 42, subpt. E. and sent it for review on(- j(y< [date] to the Office for Civil Rights,Office of Justice Programs,U.S. Department of Justice If recipient su,b-grants a single aw rd over 500.000,in addwrn.please complete Section D (:(;i1i11e k. \Cb(. 1 ()It-E C .l` f� CV.1\ � 4`*(t'L C —t12t:(`"1 Print or Type Name and Title Signature Date Page 2%of34 DocuSign Envelope ID.F043AB2E-ED2E-4370-A6F0-43A09209744B EEO Utilization Report Organization Information Name: City of Yakima City: Yakima State: WA Zip: 98901 Type: County/Municipal Government Fri 04-26-2024 18:13:31 EDT DocuSign Envelope ID F043AB2E-ED2E-4370-A6F0-43A09209744B Section 1: EEO Policy Statement Policy Statement: It is the policy of the City of Yakima to provide equal employment opportunity to employees and applicants for employment without regard to age, sex. race, creed, religion, color, national origin, marital status, disability, honorably discharged veteran or military status. pregnancy, sexual orientation, and any other classification protected under federal, state, or local law. Equal employment opportunity applies to all terms, conditions, and privileges of employment, including hiring, promotion, transfer, compensation, benefits, layoff, training, discipline, and discharge. USDOJ Office of Justice Programs EEO Utilization Report page 2 of 8 DocuSign Envelope ID F043AB2E-ED2E-4370-A6F0-43A09209744B Section 5: Narrative Interpretation of Data The City of Yakimas hiring processes are governed by the City Charter. and RCW 41.08 and 41.12 which mandate every position and promotion in the classified services must be subject to an open competitive civil service testing processes and appointed based on merit. The legislative civil service protections and provisions within the Yakima City Charter and the State of Washington RCWs were designed to eliminate favoritism and unfair hiring practices. The City staff works to administer objective and job specific testing and hiring processes, identify top qualifying candidates based on merit-based scoring objectives and criteria, while working to enhance diversity and minimize implicit bias or adverse impact The City works to enhance recruitment of diverse candidates by advertising through a broad range of advertising mediums, and multiple other venues to increase exposure to a wide variety of people. We work diligently to create diverse employment registers by utilizing oral board panels of subject matter experts to include underrepresented and/or protected groups with varying ages, genders, ethnicities, backgrounds, and bilingual capabilities. Educational preparation materials are sent to the board members providing instructions on board participation, required objectivity, inappropriate questions/considerations, and how to recognize and avoid 16 examples of unconscious bias. Pre-set scoring criteria is also used to consistently score candidates and it supports enrichment and diversity of knowledge and experience through background scoring, which includes items such as: knowledge and understanding of community culture and demographics, diversity additions of experience, education, cultural insight/awareness, skills and abilities; bilingual capabilities, as well as position related education, knowledge, skills, abilities and experience. Section 6: Objectives and Steps 1. Continue to enhance recruitment of diverse candidates. a. Advertise through a broad range of advertising mediums, including, but not limited to: posting all jobs to the Citys website: GovernmentJobs.com; social media posts; local newspaper advertising; employment websites and platforms such as Linkedln, Indeed, Glassdoor, etc.; posting on the Association of Washington Cities(AWC): professional organization and association sites; advertising in El Sol (Spanish newspaper); posting on public access television; and multiple other venues to increase exposure to a wide variety of people. 2. Testing & Hiring Processes a. Continue to develop and administer objective and job specific testing and hiring processes, to identify top qualifying candidates based on merit-based scoring objectives and criteria, while working to enhance diversity and minimize implicit bias or adverse impact 3. Diverse Employment Registers a. The Chief Examiner and Human Resources staff work diligently to create diverse employment registers by utilizing oral board panels of subject matter experts to include underrepresented and/or protected groups with varying ages, genders, ethnicities, backgrounds,and bilingual capabilities. Educational preparation materials are sent to the board members providing instructions on board participation, required objectivity, inappropriate questions/considerations, and how to recognize and avoid 16 examples of unconscious bias. Pre-set scoring criteria is also used to consistently score candidates and it supports enrichment and diversity of knowledge and experience through background scoring, which includes items such as: knowledge and understanding of community culture and demographics, diversity additions of experience, education, cultural insight/awareness, skills and abilities; bilingual capabilities, as well as position related education, knowledge, skills, abilities and experience. Section 7: Dissemination Strategy: Internal The EEO Utilization Report will made available on the City HR Intranet webpage. USOOJ.Office of Justice Programs.EEO Utilization Report page 3 of 8 DocuSign Envelope ID.F043AB2E-ED2E-4370-A6F0-43A09209744B Section 7: Dissemination Strategy: External The EEC Utilization will be made available on the City's Website so that it available to anyone outside of the organization USDOJ Office of Justice Programs EEO Utilization Report page 4 of 8 0 0 o rn io Utilization Analysis Chart M m Relevant Labor Market: Yakima County 0 , Washington co 0 m Male Female A w White Hispanic or Black or American Asian Native Two or White Hispanic or Black or American Asian Native Two or W Latino Afncan Indian or Hawaiian More Latino African Indian or Hawaiian More m Job Categories Amencan Alaska or Other Races/Oth American Alaska or Other Races/Oth m 0 iv Native Pacific er Native Pacific er m m Islander Islander w O Officials/Administrators D rn Workforce#/% 19/41% 4/9% 1/2% 1/2% 0/0% 0/0% 0/0% 10/22% 7/15% 2/4% 0/0% 0/0% 1/2% 1/2% -n 0 CLS#/% 4 215/46% 1,485/16% 70/1% 125/1% 50/1% 0/0% 65/1% 2,390/26% 585/6% 0/0% 130/1% 25/0% 0/0% 70/1% w Utilization#1% -4% -7% 1% 1% -1% 0% -1% -4% 9% 4% -1% -0% 2% 1% coon 0 Professionals _ —_ —_-- a Workforce#/% 51/64% 3/4% 0/0% 2/2% 2/2% 0/0% 0/0% 17/21% 5/6% 0/0% 0/0% 0/0% 0/0% 0/0% co a CLS#/% 3,515/26% 730/5% 25/0% 100/1% 170/1% 10/0% 55/0% 6,135/46% 1,815/13% 55/0% 350/3% 215/2% 0/0% 275/2% Utilization#/% 38% _ -2% _ -0% 2% 1% _ -0% _ -0% _ -24% -7% _ -0% _ -3% -2% 0% -2% Technicians Workforce#/% 73/61% 14/12% 0/0% 0/0% 0/0% 0/0% 1/1% 25/21% 6/5% 0/0% 0/0% 0/0% 0/0% 0/0% CLS#I% 2,560/32% 1.705/21% 60/1% , 250/3% 75/1% 10/0% 4 85/1% 1,730/21%- 1,480/18% 50/1% 60/1% 30/0% 15/0% 10/0% Utilization#1% 30% -9% -1% -3% -1% -0% -0% -0% -13% -1% -1% -0% -0% -0% Protective Services: Sworn —__.. — Workforce#1% 134/66% 38/19% , 3/1% _ 3/1% 4/2% 1/0% - 5/2% 9/4% 5/2% 0/0% 0/0% 0/0% 0/0% 0/0% CLS#/% 1,145/63% 340/19% 10/1% 45/2% 45/2% 0/0% 4/0% 115/6% 65/4% 0/0% 30/2% 0/0% 0/0% 20/1% Utilization#/% 3% 0% _ 1% -1% -0% 0% _ 2% -2% -1% 0% _ -2% 0% 0% -1% Protective Services:Non- sworn Workforce#1% 5/12% 3/7% 0/0% 0/0% 010% 0/0% 0/0% 23/56% 9/22% 1/2% 0/0% 0/0% 0/0% 0/0% CLS#/% 30/36% 0/0% 0/0% 4/5% 0/0% 0/0% 0/0% 15/18% 15/18% 0/0% 0/0% 0/0% 0/0% 20/24% Utilization#/% -24% 7% _ 0% -5% 0% 0% 0% 38% 4% 2% 0% 0% 0% -24% Administrative Support Workforce#/% _ _ 16/19% 3/4% 0/0% 0/0% - 0/0% , 0/0% 2/2% 35/42% 23/28% 2/2% 0/0% 0/0% 111% 1/1% CLS#/% 3,560/18% 2,540/13% 45/0% 70/0% 45/0% 35/0% 160/1% 8 120/40% 4,730/23% 80/0% 380/2% 190/1% 10/0% 280/1% Utilization#/% 2% -9% -0% -0% -0% -0% 2% 2% 4% 2% -2% -1% 1% -0% Skilled Craft USDOJ.Office of Justice Programs,EEO Utilization Report page 5 of 8 0 0 0 c rn Male Female m cl White Hispanic or Black or American Asian Native Two or White Hispanic or Black or American Asian Native Two or Job Categories Latino African Indian or Hawaiian More Latino African Indian or Hawaiian More �_ American Alaska or Other Races/Oth American Alaska or Other Races/Oth Native Pacific er Native Pacific er o Islander a Islander c_D Workforce#1% 42/76% 7/13% 0/0% [ 0/0% 1/2% 1/2% 2/4% 2/4% 0/0% 0/0% 0/0% 0/0% 0/0% W m CLS#/% 4,250/54% 2,765/35% 45/1% 140/2% y 5011% 0/0% 140/2% 160/2% 210/3% 0/0% 40/1% 4/0% 0/0% 4/0% m Utilization#1% 22% -23% -1% -2% 1% 2% 2% 2% -3% 0% -1% -0% 0% -0% N co Service/Maintenance A o Workforce#1% 89/42% 31/15% 7/3% 1/0% 1/0% 0/0% 5/2% 47/22°4 21/10% 3/1% 1/0% 1/0% 0/0% 3/1% CLS#/% 6590/16% 16.650/40 235/1% 470/1% 35/0% 35/0% 260/1% 4965/12% 11,215/27 80/0% 300/1% 195/0% 10/0°!0 335/1% A Utilization#/% 26% -25% 3% -1% 0% -0% j 2% 10% -17% 1% -0% 0% -0% 1% 'o N O O J A A co USDOJ Office of Justice Programs EEO Utihzatton Report page 6 of 8 0 0 o c fn ro Significant Underutilization Chart m 0 v co Male Female i7 White Hispanic or Black or Amencan Asian Native Two or White Hispanic or Black or American Asian Native Two or -n Latino African Indian or Hawaiian More Latino African Indian or Hawaiian More a Job Categories D Amencan Alaska or Other Races/Oth Amencan Alaska or Other Races/Oth W N Native Pacific er Native Pacific er m Islander Island rn Islander Professionals ✓ t/ m co Technicians t/ t/ t/ — o Protective Services: ✓ T Sworn o_ __ _ Protective Services:Non- t/ ✓ o sworn Co O Administrative Support C°AI A Skilled Craft t/ CO Service/Maintenance t/ _/ USOOJ,Office of Justice Programs,EEO Utilization Report page 7 of 8 DocuSign Envelope ID F043AB2E-ED2E-4370-A6F0-43A09209744B I understand the regulatory obligation under 28 C.F.R. - 42.301-.308 to collect and maintain extensive employment data by race, national origin, and sex, even though our organization may not use all of this data in completing the EEO Utilization Report. I have reviewed the foregoing EEO Utilization Report and certify the accuracy of the reported workforce data and our organization's employment policies. [signature] [title] [date] USOOJ Office of Justice Programs EEO Utilization Report page 8 of 8 DocuSign Envelope ID.F043AB2E-ED2E-4370-A6F0-43A09209744B EXHIBIT F UEB 1RylL\f,tit SPENSION,INELIGIBILITY OR VOLT NTARY EXCLI:SION CERTIFICATION FORM NAME City of Yakima Doing business as(DBA) ADDRESS 129 N. 2nd Street Applicable WA Uniform Federal Employer Tax Yakima,WA 98901 Procurement or Business Identifier Identification#: Solicitation#,if any: (UBI) 91 6001293 397-005-272 This certification is submitted as part of a request to contract. Instructions For Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion—Lower Tier Covered Transactions READ CAREFULLY BEFORE SIGNING THE CERTIFICATION. Federal regulations require contractors and bidders to sign and abide by the terms of this certification,without modification,in order to participate in certain transactions directly or indirectly involving federal funds. 1 By signing and submitting this proposal.the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into.If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification,in addition to other remedies available to the Federal Government the department or agency with which this transaction originated may pursue available remedies,including suspension and/or debarment. 3 The prospective lower tier participant shall provide immediate written notice to the department, institution or office to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 4 The terms covered transaction,debarred,suspended,ineligible,lower tier covered transaction.participant,person,primary covered transaction, principal,proposal,and voluntarily excluded,as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549.You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5 The prospective lower tier participant agrees by submitting this proposal that,should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable CFR, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled"Certification Regarding Debarment,Suspension.Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,"without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under applicable CFR,debarred,suspended,ineligible,or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Non-procurement Programs. 8 Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause.The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business activity. 9. Except for transactions authorized under paragraph 5 of these instructions,if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under applicable CFR, suspended, debarred. ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government,the department or agency with which this transaction originated may pursue available remedies,including suspension and/or debarment. Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction The prospective lower tier participant certifies,by submission of this proposal or contract,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.Where the prospective lower tier participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this form. Bidder or Contractor Signature: Date: 4 t Let DOD-4- Print Name and Title: bC(,�� Y i t ►~ fit�'l { Page 28 of 34 DocuSign Envelope ID F043AB2E-ED2E-4370-A6F0-43A09209744B EXHIBIT G ONLY IF APPLICABLE DATA SHARING, NON-DISCLOSURE AND USE AGREF:MENT (IF APPLICABLE) BETWEEN YAKIMA COUNTY AND FIRM This Data Sharing. Non-Disclosure and Use Agreement ('`.Agreement") is entered into by and between YAKIMA COUNTY. a political subdivision of the State of Washington (hereinafter "COUNTY")and FIRM,(hereinafter"FIRM")to enable the sharing of Data and other confidential and proprietary information between the COUNTY and FIRM,as the COUNTY'S ARP recipient. The COUNTY and FIRM may be hereinafter referred to individually as a "Party" or collectively as the"Parties." AGENCIES PROVIDING DATA: YAKIMA COUNTY AND FIRM DATA RECIPIENTS: YAKIMA COUNTY AND FIRM I. Purpose The purpose of this AGREF.MNT is to provide the requirements and authorization for the COUNTY to have access to disparate datasets captured through COUNTY ARP funded Programs. FIRM acknowledges access to the disparate dataset captured in and through the COUNTY's ARP funded Programs. 3. Definitions A. "Agreement" means this Data Sharing Agreement, including all documents attached or incorporated by reference. B "Data Access" refers to rights granted to COUNTY to directly connect to F[RM's ARP Program agency submitted disparate datasets related to participants. recipients, systems. networks, requests for proposals and/or applications with required information needed to implement these rights C "Data Transmission" refers to the methods and technologies to be used to move a copy of the data between systems, networks and/or employee workstations D "Data Storage" refers to the data when at rest. Data can be stored on off-line devices such as CD's or on-line on servers or employee workstations. E. "Data Encryption" refers to ciphers, algorithms or other encoding mechanisms that will encode data to protect its confidentiality. Data encryption can be required during data transmission or data storage depending on the level of protection required for this data. 3 Period of.Agreement This Agreement shall begin when FIRM agrees to the terms and shall automatically renew yearly, unless terminated due to expiration of the COUNTY ARP funding program and its required reporting requirements. Page 29 of 3- DocuSign Envelope ID F043AB2E-ED2E-4370-A6F0-43A09209744B 4. Justification for Data Sharing Data sharing agreements are required under RC W 39.26.340 and 43.105.054. 5. Description of Data to be Shared Data shared will include data containing the COUNTY funded ARP program, applicants, recipients and participants' financial, labor, application, technology infrastructure and any other datasets deemed necessary to support performance of the compliance requirements for federal funding under the ARP/SLFRF funding provisions as set forth by the U.S.Department of Treasury. 6. Data Access Enterprise datasets will be accessed through the Parties' Server and Network systems. FIRM will generate and submit agency owned datasets to COUNTY for consideration.review and compliance purposes. 7. Data Transmission Datasets will be transmitted through the servers, networks and systems established and agreed to by the PARTIES. 8. Data Storage and Handling Requirements All data provided by FIRM and COUNTY will be stored in an encrypted form on a server with access limited to the least number of staff needed to complete the purpose of this Data Sharing Agreement. 9. DATA ENCRYPTION (If Applicable) All captured data shall be encrypted at rest. 10. Intended Use of Data The data described above shall be used for review, analysis and reporting on ARP programs. The data will be used to prepare and publish required quarterly and annual reports. II. Constraints on Use of Data This Agreement does not constitute a release of the data for FIRM's discretionary use,but instead, FIRM may access the data only to carry out the responsibilities and for the purposes described herein, as well as in the related Contract No. 22ARPFIRM. FIRM is not authorized to update or change any supplied datasets and any ad hoc analyses or other use of the supplied datasets, not specified in this Agreement and Contract No.22ARPFIRM. Any additional use is not permitted without the prior written agreement of the COUNTY. Page 30 of 34 DocuSign Envelope ID F043AB2E-ED2E-4370-A6F0-43A09209744B 12. Security of Data A. Data Protection. FIRM shall take due care and take reasonable precautions to protect the Category 3 data,as well as the COUNTY's data. from unauthorized physical and electronic access as well as meet or exceed the requirements of the Washington State Technology Sery ices Board(TSB)policies and standards for data security and access controls to ensure the confidentiality, availability and integrity of all data shared. B. Data Security Technology Standards. FIRM will be responsible for providing data security technology standards that will ensure acceptable levels of data security to the COUNTY. These data security technology standards will include clear definitions outlining when and where data should be encrypted and by what technologies. C. IT Data Security Administration. FIRM will exchange documentation that outlines the data security program components supporting this Agreement with COUNTY IT Data Security Administrators. This documentation will define all data security methods and technology for each individual data exchange to ensure COUNTY and FIRM are in compliance with all appropriate Washington State Technology Service Board (TSB) security standards. 13. NON-DISCLOSURE OF DATA Before receiving the data identified above, the COUNTY shall notify all authorized users in writing who will have access to the data of the following requirements. This notification shall include all authorized users who will use the data A copy of this notification shall be provided to FIRM at the same time it is provided to relevant authorized users. A Non-Disclosure of Data 1. Authorized users shall not disclose, in whole or in part,the data provided by COUNTY, applicants, or FIRM to any individual or agency. unless this Agreement specifically authorizes the disclosure. Data may be disclosed only to persons and entities that have the need to use the data to achieve the stated purposes of this Agreement or the related Contract No 22 ARPFIRM. 2. Authorized users shall not access or use the data for any commercial or personal purpose. 3. Any exceptions to these limitations must be approved in writing COIN FY. B. Penalties for Unauthorized Disclosure of Information. In the event a FIRM authorized user fails to comply with any terms of this Agreement, COUNTY shall have the right to take such action as it deems appropriate. The exercise of remedies pursuant to this paragraph shall be in addition to all sanctions provided by law, and to legal remedies available to parties injured by unauthorized disclosure FIRM accepts full responsibility and liability for any violations of the Agreement. C. Employee Awareness of Use'Non-Disclosure Requirements FIRM shall ensure that all staff with access to the data described in this Agreement are aware of the use and disclosure requirements of this Agreement and will advise new staff of the provisions of this Agreement. FIRM will provide an annual reminder to authorized users of these requirements. Paue 31 of 34 DocuSign Envelope ID F043AB2E-ED2E-4370-A6F0-43A09209744B 14. Data Confidentiality A. Acknowledgement of Confidentiality. FIRM acknowledges the confidential nature of the applicants. recipients, participants data, as well as the aggregate server, application name, operating system versions, and IP addresses. This data is confidential under state RCW' 42.56.420 (4) and use of this information will be limited only to persons whose staff function requires such access. B. Disclosures under subpoena- I. If a Party, its employees, agents, or contractors, or Vendor, is required by law, government regulations, subpoena or court order to disclose any Data, the Party shall give ten (10) business days prior written notice of the proposed disclosure to the other Party and the Vendor, at the contact information listed herein, in order to allow that Party or Vendor the opportunity to file documents seeking a court order preventing disclosure of the Data. The notice shall include the name of the requester. so the Party and/or Vendor may name the requester as a party to any action to enjoin disclosure. 2. Upon receipt of written notice of the requirement to disclose the Data. the Party and/or Vendor, at their expense, may then seek appropriate protective relief to prevent all or part of such disclosure. Should the Party and/or Vendor not file for protective relief in superior court in the ten(10)business day time-frame provided,the Party shall disclose Data only in compliance with. and only to the extent required by, any applicable law. regulation, subpoena,or court order. 3. If a Party or Vendor becomes aware of any unauthorized use or disclosure of the Data of the other Party, such Party or Vendor shall promptly advise the other Party of all facts regarding such unauthorized use or disclosure. 15. Oversight FIRM agrees that COUNTY will have the right,at any time,to monitor,audit,and review activities and methods in implementing this Agreement in order to assure compliance therewith. within the limits of the other party's technical capabilities. 16. Termination COUNTY may terminate this Agreement pursuant to No. 38097 All data captured by FIRM prior to termination are to be retained and remain available to meet any necessary reporting requirements. 17. Governance A. Severability-The provisions of this Data Sharing Agreement are severable. If any provision of this Agreement is held invalid by any court that invalidity shall not affect the other provisions of this Data Sharing Agreement and the invalid provision shall be considered modified to conform to the existing law. B. Venue - In the event of a lawsuit involving this Data Sharing Agreement, venue shall be proper only in Yakima County, Washington. Page 32 of 34 DocuSign Envelope ID F043AB2E-ED2E-4370-A6F0-43A09209744B 18. Damages and Injunctive Relief Because of the unique and highly confidential nature of the Data, the Parties acknowledge and agree that a Party (or Vendor)may suffer irreparable harm if a Party (or Vendor) breaches any of its obligations under this Agreement,and that monetary damages may be inadequate to compensate for such breach. Accordingly. in addition to any other rights and remedies that may be available to a Party (or Vendor)at law and in equity.a Party (or Vendor)shall he entitled to seek enforcement of the provisions of this Agreement by seeking injunctive relief. 19. HEADINGS The article headings in this Agreement have been inserted solely for the purpose of convenience and ready reference. In no way. do they purport to, and shall not be deemed to, define, limit, or extend the scope or intent of the articles to which they appertain. I, hereby declare that I have the authority to bind FIRM to this Agreement,and acknowledge that by signing below, I have read, understand and accept this Agreement,and that this Agreement along with the contract constitute the entire Data Sharing agreement between the PARTIES. Dated this ICI day of R 7 11. 2024. Signature of or d represe�'hstE• e t —LC-LOW t f Printed Name and Title Page 33 of 34 DocuSign Envelope ID F043AB2E-ED2E-4370-A6F0-43A09209744B EXHIBIT H • State and Local Fiscal Recovery Funds (SLFRF) Final Rule PDF • SLFRF: Overview of the Final Rule PDF • Coronavirus State and Local Fiscal Recovery hind:— Frequently Asked Questions as of July 27.2023 PDF • 2 C F R Part 200 https:/Iwww.ecfr.govtcurrent'title-2,'subtitle-A/chapter-I I'part- 200'?toc-1 Page 34 of 34 DocuSign Envelope ID F043AB2E-ED2E-4370-A6F0-43A09209744B 2/9/24 2 49 PM View Application ARPA Portal Yakima County Submission Details Submitted By'Jenise Sanders Submitted On.6/2/2023 10 51 01 PM(UTC) Status.Approved Amount 300000000 Attachments View Attachments([applications/download-attachments?id=alf8fefl-9701-eel1-a81c-000d3a5b5bct) Approvals =(rst Approval Stefanie Truex on 2/9/2024 9 13 00 PM (UTC) Second Approval Craig Warner on 2/9/2024 10.36 12 PM ;UTC) Entity Name Parks and Recreation EIN DUNS/UEI Primary Contact Name Jenise Sanders Primary Contact Title Primary Contact Email'Jenise Sanders@yakimawa gov Primary Contact Phone Certification APPLICATION (TERMS AND CONDITIONS) For sub-award of ARPA Grant This application is being submitted by Parks and Recreation, Washington (the"Entity")for a grant in the amount of $3,000,000 00 (the"Grant Amount') from Yakima County,Washington (the"County") If awarded, the Entity will be required to enter into a Grant Agreement, to which this application will be attached as an Exhibit(the"Grant Agreement") The grant, if awarded,will be funded as a sub-award of the County's federal State& Local Fiscal Recovery Funds(CFDA No 21 027), as authorized under the American Rescue Plan Act(ARPA), in the total amount of$3,000,000 00 identified as federal award identification number SLFRP2815 (the 'ARPA Grant')with a federal award date of June 7, 2021 provided by the United States Treasury("Treasury')to the County The Entity, as sub-recipient(the 'Sub-recipient")of the ARPA Grant, agrees to comply with the terms and conditions of such federal award applicable to sub-awards and sub-recipients including the following terms and conditions 1 Use of Fund a Sub-recipient understands and agrees that the funds disbursed under this sub-award may only be used in compliance with section 603(c)of the Social Security Act(the"Act"),Treasury's regulations implementing that section,and guidance issued by Treasury regarding the foregoing b Sub-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,auditing,and completion of such project 2 Period of Performance.The period of performance for this sub-award begins on the date the Grant Agreement is executed and ends on June 30,2024(subject to extension in the sole discretion of the County, but not later than December 31,2024), provided that eligible uses for Grant funds may extend from March 3.2021 to such end date 3 Reporting,Sub-recipient agrees to cooperate fully and promptly with the County with any and all reporting obligations established by Treasury and/or the County as they relate to this award,including without limitation the reporting described in Schedule A to the Grant Agreement 4 Maintenance of and Access to Records https l/arpa yakimacounty us/applications!view-applicabonhid=atf8feft-9701-eel I-a81 c-000d3a5b5bcb 1/7 DocuSign Envelope ID F043AB2E-ED2E-4370-A6F0-43A09209744B 219/24.2 49 PM View Application ARPA Portal a Sub-recipient shall maintain records and financial documents sufficient to support the County's production of evidence of compliance with section 603(c)of the Act,Treasury's regulations implementing that section,and guidance issued by Treasury regarding the foregoing. b The County,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 the sub-recipient,in order to conduct audits or other investigations. c Records shall be maintained by sub-recipient for a period of seven (7)years after all funds have been expended or returned to the County,whichever is later. 5 Pre-award Costs Pre-award costs,as defined in 2 C F R §200458,may not be paid with funding from this award 6 No R&D Award The sub-award shall not constitute an R&D award within the meaning of 2 CFR§200 332 7 No Administrative Costs Sub-recipient may use funds provided under this award to cover direct costs only Indirect costs shall not be paid or reimbursed with the sub-award 8 Cost Sharing,Cost sharing or matching funds are not required to be provided by sub-recipient 9 Conflicts of Interest Sub-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 Sub- recipient and its sub-recipients(if any) 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. 10 Compliance with Applicable Law and Regulations. a Sub-recipient agrees to comply with,and to fully cooperate with the County with respect to its compliance with,the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f)of the Act,and guidance issued by Treasury regarding the foregoing Sub-recipient agrees to comply with all applicable federal statutes, regulations,and executive orders.Sub-recipient also agrees to comply with,and to fully cooperate with the County with respect to its compliance with,all other applicable federal statutes, regulations,and executive orders,and sub-recipient shall provide for such compliance by other parties in any agreements it enters into with other parties relating to this sub-award b Federal regulations applicable to this sub-award include,without limitation,the following 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 sub-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 sub-award ii Universal Identifier and System for Award Management(SAM),2 C F R Part 25. pursuant to which the sub-award term set forth in Appendix A to 2 C F R.Part 25 is hereby incorporated by reference ni. Reporting Subaward and Executive Compensation Information, 2 C F R Part 170, pursuant to which the sub- 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 sub-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 sub-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 vu New Restrictions on Lobbying,31 C.F R. Part 21 vni Uniform Relocation Assistance and Real Property Acquisitions Act of 1970(42 U S.0 §§4601-4655)and implementing regulations ix Generally applicable federal environmental laws and regulations c.Statutes and regulations prohibiting discrimination applicable to this sub-award include,without limitation,the following i Title VI of the Civil Rights Act of 1964(42 U.S.C.§5 2000d et seq.)and Treasury's implementing regulations at 31 C F R Part 22,which prohibit discrimination on the basis cf race,color,or national origin under programs or activities receiving federal financial assistance; n The Fair Housing Act,Title VIII of the Civil Rights Act of 1968(42 U S C 44 3601 et seq.),which prohibits discrimination in housing on the basis of race,color, religion, national origin,sex,familial status,or disability- Section 504 of the Rehabilitation Act of 1973,as amended (29 U.S.0 §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 §4 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 https//arpa yakimacounty.usiapplicationslview-application/lid=a1f8fef1-9701-ee11-a81c-000d3a5b5bcb 2/7 DocuSign Envelope ID F043AB2E-ED2E-4370-A6F0-43A09209744B 2/9/24,2 49 PM View Application ARPA Portal 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 11 Remedial Actions In the event of the County's noncompliance(including without limitation as a result of the sub-recipient's non-cooperation with the County or other sub-recipient noncompliance)with section 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 County(and,thereby,the sub-recipient)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 section 603(c)of the Act regarding the use of funds,previous payments shall be subject to recoupment as provided in section 603(e)of the Act 12 Hatch Act.Sub-recipient agrees to comply,as applicable,with requirements of the Hatch Act(5 U S.0 §§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 13 False Statements Sub-recipient understands that making false statements or claims in connection with this sub-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 14 Publications Any publications produced with funds from this sub-award must display the following language "This project 'is being] [was)supported,in whole or in part,by federal award number[SLFRP2815)awarded to(Yakima)County, Washington by the U.S Department of the Treasury" 15 Debts Owed the Federal Government. a Any funds paid to sub-recipient(1)in excess of the amount to which sub-recipient is finally determined to be authorized to retain under the terms of this sub-award, (2)that are determined by the County or 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 section 603(e)of the Act and have not been repaid by sub-recipient shall constitute a debt to the County and the federal government b Any debts determined to be owed the County and the federal government must be paid promptly by the sub- recipient A debt is delinquent if it has not been paid by the date specified in the initial written demand for payment, unless other satisfactory arrangements have been made or if the sub-recipient knowingly or improperly retains funds that are a debt as defined in paragraph 15(a) The County and Treasury will take any actions available to it to collect such a debt 16 Disclaimer. a The County expressly disclaims(and the sub-recipient understands that the United States also disclaims)any and all responsibility or liability to sub-recipient or third persons for the actions of sub-recipient or third persons resulting in death,bodily injury, property damages,or any other losses resulting in any way from the performance of this sub- award or any other losses resulting in any way from the performance of this award or any contract,or subcontract under this sub-award. b The acceptance of this award by sub-recipient does rot in any way establish an agency relationship between the County(or the United States)and sub-recipient 17 Protections for Whistleblowers a In accordance with 41 U S C §4712,sub-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, n An Inspector General ui 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 wi A management official or other employee of sub-recipient,contractor,or subcontractor who has the responsibility to investigate,discover,or address misconduct c Sub-recipient shall inform its employees in writing of the rights and remedies provided under this section,in the predominant native language of the workforce https//arpa yakimacounty us/applications/view-application/'?id=alf8fefl-9701-eel1-a81c-000d3a5b5bcb 3/7 DocuSign Envelope ID F043AB2E-ED2E-4370-A6F0-43A09209744B 2/9/24.2 49 PM View Application ARPA Portal 18 Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043,62 FR 19217(Apr 18. 1997),sub-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 19 Reducing Text Messaging While Driving.Pursuant to Executive Order 13513,74 FR 51225(Oct 6, 2009),sub-recipient should encourage its employees,its sub-recipients(if any),and its contractors to adopt and enforce policies that ban text messaging while driving,and sub-recipient should establish workplace safety policies to decrease accidents caused by distracted drivers. Certifications The representative of the Entity submitting this Application certifies, represents and warrants as follows. 1 I am duly authorized by the Entity to submit this Application on its behalf 2 I have read and understand this Application and the Grant Agreement that will be required if this Application is accepted (including,without limitation,the provisions of the Grant Agreement related to reporting,recoupment,and indemnification). 3.I understand that award of the grant is and will remain subject to the availability of funds to make the grant.The County is not and will not be obligated to fund the grant from any funds other than proceeds of the ARPA Grant that are actually received by the County 4 No funds received from the Grant, if awarded,will be used to pay or reimburse any costs that have been(or will be)paid or reimbursed through another COVID-19 relief program(whether federal,state, county,local or non-governmental) S As part of this Application, I have provided the reports associated with the Entity's most recently completed independent audit(e g. financial statements,management letter,'Yellow Book"report,and Single Audit(if applicable))and that if the grant is awarded,the Entity will provide such reports each year through the closeout(as defined in 2 C.F R Section 200.344) of the grant 6 Notices to the Entity shall be in writing and addressed to[Entity CONTACT INFORMATION]and notices to the County shall in writing and delivered to[Yakima County, 128 N 2nd Street,Yakima,WA 98901.Attention- Mr Craig Warner, Finance Director),or to such other address as either party shall provide to the other in writing.The Applicant is responsible for notifying Yakima County for any changes to the contact information. 7 To the best of my knowledge, no person or entity involved in submitting this Application or that is expected to be involved in the grant or the project funded thereby(i) has been debarred, suspended or otherwise excluded from participation in federal or state assistance programs or activities or(ii)has violated or is currently the subject of any actual or threatened investigation or audit involving allegations of fraud, bribery,dishonesty,or any other action that bears upon the trustworthiness or responsibility of such person. 8 The Entity is registered with the System for Award Management("SAM")and I confirm that the name of the Entity and the Data Universal Numbering System(DUNS)number provided with this Application are correct and consistent with the name and number appearing in the SAM Furthermore,the Applicant will maintain an active SAM registration at all times it has an active federal award or application for federal award in process 9.All information provided to the County in connection with this Application(including without limitation the information entered into the County's online portal) is true,accurate and complete in all material respects as of and on the date hereof I certify that I have read and understand the above agreement and am legally authorized to sign on the City or Town's behalf Answer Yes Certified By Ken Wilkinson Certified Date 9/1/2023 9 34 58 PM https ltarpa yakimacounty us/applications/view-application1"id=a 1 f8fef1-9701-eel l-a81 c-000d3a5b5bcb 4/7 DocuSign Envelope ID F043AB2E-ED2E-4370-A6F0-43A09209744B 2:9/24 2 49 PM View Application ARPA Portal Application ARPA-1058 Application Type* Support Public Healtn Funding Type* Reimbursement Project Name Martin Luther King Jr Park Community Swimming Pool Project Description(Max 1,500 characters)* The construction of a public swimming pool located in east Yakima that will provide the neighborhood with inexpensive recreational swimming opportunities,exercise classes,water safety and swimming lessons Neighborhood pools are a source of community pride and identity The new pool will provide increased property values and provide positive alternatives to negative involvements for children such as crime and gang activity Support Public Health Subcategory:* 1 14 Other Public Health Services" Amount being requested:* $3,000,000 00 Does this project include a capital expenditure? No Yes Choose the total value of the capital expenditure, including pre-development costs Greater than 10 million https//arpa yakimacountyus/applications/view-applicatonOid=a1f8fefl-9701-eel 1-eV c-000d3a5b5bcb 5/7 DocuSign Envelope ID:F043AB2E-ED2E-4370-A6F0-43A09209744B 2/9/24.2 49 PM View Application ARPA Portal Type of Capital Expenditure Recreational Facility Capital Expenditure Description Public swimming pool Capital Expenditure Justification The community swimming pool at Martin Luther King Jr.Park will enhance the community by providing recreational swimming opportunities to children and families in an economically challenged area of Yakima The pool will provide a safe and healthy environment for children and families If this is evidence-based,please provide the dollar amount of the total project spending that is allocated towards evidence-based interventions: * SO 00 Is a program evaluation of the project being conducted? No Yes https//arpa.yakimacounty usiapplicationsiwew-application/'yid=alf8fefl-9701-eel1-a81c-000d3a5b5bcb 6/7 DocuSign Envelope ID: F043AB2E-ED2E-4370-A6F0-43A09209744B 2i9124 2 49 PM View Application ARPA Portal Number of workers enrolled in sectoral job training programs: Number of workers completing sectoral job training programs: Number of people participating in summer youth employment programs: Brief description of structure and objectives of assistance program(s), including public health or negative economic impact experienced The entrance fee will be minimal to allow all community members the opportunity to participate and obtain the health benefits of swimming.Brief description of how a recipient's response is related and reasonably and proportional to a public health or negative economic impact of COVID-19* The City of Yakima currently operates one outdoor swimming pool Covid-19 demonstrated the need for additional safe outdoor swimming opportunities Number of small businesses served (by program if recipient establishes multiple separate small businesses assistance programs) Number of Non-Profits served(by program if recipient establishes multiple separate non-profit assistance programs) What Impacted and/or Disproportionally Impacted population does this project primarily serve?` 14 Dis Imp Low income HHs and populations Sector of Employer Certify: I have read the below information on evidence-based interventions and project demographic distribution.If my project has either denotation, I have included the requirements and the dollar amount of the total project spending that is allocated towards evidence-based interventions and/or project demographic distribution in the verbiage of the project description. No Yes Evidence Based Interventions , Pclad evidencebased Big) Etject Demographic Distribution (../../.!clad demogr_aphicsdist.png) hops f/arpa yakimacountyus/applications/view-applicationnd=alf8fefl-9701-eel1-a81c-000d3a5b5bcb 7/7 Submitting Reimbursement Documentation 1. Log into the ARPA Portal a. https://www.yakimacounty.us/2668/American-Rescue-Plan-ARPA-Act b. Click on "ARPA Portal" Image c. Go to "Sign In" at the top right corner of the page Home j Templates - Sign in d. Input password and multilevel verification code 2. Under the "My Reports" tab select "Documents" Home Templates - Support My Applications My Reports- 1 My Reports Dec...rents 4 Risk Assessments !I-TA.-!!or figivopisen 3. Select "Create" Documents Entity T 4. Name your document with the following naming convention: Contract Number- Entity- Reimbursement Number (Example: Contract 12345 -Yakima County- Reimbursement#1) 5. Select "Expense Documentation" as document type New Document Name ontract 12345-'rabma County-Reimbursement 41 Document Type Expense Documentation 6. Click "Submit" (The next page will prompt you to attach file) 7. Upload document and click "Submit" a. Select "Choose File" b. Find documentation you would like to submit c. Open 8. Email Craig.Warner@co.yakima.wa.us and Stefanie.Truex@co.yakima.wa.us letting us know you have submitted back up documentation for reimbursement via the ARPA Portal. 1 s, !% a, 2 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 7.K. For Meeting of:April 16, 2024 ITEM TITLE: Resolution authorizing an agreement with Yakima County for the award of$3 million of ARPA funds for the construction of the Aquatic Center at MLK Jr. Park SUBMITTED BY: Scott Schafer, Director of Public Works *Ken Wilkinson, Parks and Recreation Manager SUMMARY EXPLANATION: The City of Yakima (City)was awarded $3,000,000 of American Rescue Plan Act (ARPA) funding from Yakima County to aid in the construction of the new Aquatic Center to be located at MLK Jr. Park. Agreement No. 36786 between the City and Yakima County in conjunction with the American Rescue Plan, Corona Virus State and Local Fiscal Recovery Funds in the amount of$3,000,000 has been enclosed for City Council review. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Neighborhood and Community Building APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Description Upload Date Type D Resolution 4/12/2024 ❑ Contract 4/10/2024