HomeMy WebLinkAbout7/2/2019 - City Council - City Council Meeting Agenda Packet - Steven C LacyIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk
at (509) 886-6103 (TTY 711). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1.)
7-2-2019 Council Meeting Agenda - Numbered
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East Wenatchee City Council Meeting
Tuesday, July 2, 2019
East Wenatchee City Hall
271 9th Street NE
East Wenatchee, WA 98802
AGENDA
6:00 p.m. Regular Meeting
Call to Order, Roll Call and Pledge of Allegiance.
1.Consent Items:
Vouchers:
a.07/02/2019 Checks: 52257; 52260 - 52299; 52301 – 52313 and Voided Check:
52300, in the amount of $353,278.36. Pg. 3
Minutes:
b.06/13/2019 Council Workshop Minutes. Pg. 25
c.06/18/2019 Council Meeting Minutes. Pg. 27
Motion to approve agenda, vouchers, and minutes from previous meetings.
2.Citizen Requests/Comments.
The “Citizen Comments” period is to provide the opportunity for members of the public to address the Council on items either not on the
agenda or not listed as a public hearing. The Mayor will ask if there are any citizens wishing to address the Council. When recognized,
please step up to the microphone, give your name and mailing address, and state the matter of your interest. If your interest is an agenda
item, the Mayor may suggest that your comments wait until that time. Citizen comments will be limited to three minutes.
3.Presentations. None.
4.Department Report. None.
5.Mayor’s Report.
6.Action Items.
a.Resolution 2019-14, a Resolution of the City of East Wenatchee, Washington
authorizing the Mayor to sign an Interlocal Agreement Between the City of East
Wenatchee and the City of Wenatchee for Completion of a Regional Assessment of Fair
Housing and an Interlocal Agreement for Assessment of Fair Housing Regional
Collaboration among the City of Wenatchee, the City of East Wenatchee, and the
Housing Authority of Chelan County and the City of Wenatchee. Presented by Lori
Barnett, Community Development Director. Pg. 31
Motion to approve Resolution 2019-14 and authorize the Mayor to sign the Interlocal
Agreement Between the City of East Wenatchee and the City of Wenatchee for
Completion of a Regional Assessment of Fair Housing (Exhibit A) and the Interlocal
Agreement for Assessment of Fair Housing Regional
07/02/2019 Council Meeting Agenda Packet
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In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk
at (509) 886-6103 (TTY 711). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1.)
7-2-2019 Council Meeting Agenda - Numbered
Page 2 of 2
Collaboration among the City of Wenatchee, the City of East Wenatchee, and the
Housing Authority of Chelan County and the City of Wenatchee (Exhibit B).
b. Subrecipient Agreement between the City of East Wenatchee and the Housing
Authority of Chelan County and the City of Wenatchee for rehabilitation and
conversion of seasonal housing units to year-round use at Heritage Glen
Apartments. Presented by Lori Barnett, Community Development Director. Pg. 49
Motion to authorize the Mayor to sign the Interlocal Agreement Between the City
of East Wenatchee and the City of Wenatchee for Completion of a Regional
Assessment of Fair Housing (Exhibit A) and the Interlocal Agreement for
Assessment of Fair Housing Regional Collaboration among the City of Wenatchee,
the City of East Wenatchee, and the Housing Authority of Chelan County and the
City of Wenatchee (Exhibit B).
c. Agreement between City of East Wenatchee and Columbia Valley Housing
Association for East Wenatchee CDBG Direct Homeownership Assistance Program.
Presented by Lori Barnett, Community Development Director. Pg. 70
Motion to authorize the Mayor to sign the Agreement Between City of East
Wenatchee and Columbia Valley Housing Association for East Wenatchee CDBG
Direct Homeownership Assistance Program.
d. Previously approved EWEB Grant Agreements: Sunburn Classic, Wenatchee Valley
Sports Foundation and the Wenatchee Valley Chamber of Commerce. Presented by
Trina Elmes, Events Director / Public Information Officer. Pg. 94
Authorize the Mayor to sign the EWEB Grant Agreements with the Sunburn Classic,
Wenatchee Valley Sports Foundation and the Wenatchee Valley Chamber of
Commerce that were previously approved.
7. Council Reports & Announcements.
a. Reports/New Business of Council Committees
8. Adjournment.
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CHECKS: 52257; 52260 - 52299; 52301 - 52313
VOIDED CHECKS: 52300
DEPARTMENT/FUND AMOUNT
General Fund 001 $79,891.08
Street Fund 101 $10,926.11
Community Dev Grants Funds 102 $0.00
Transportation Benefit District Fund 105 $0.00
Debt Reserve Fund 110 $0.00
Library Fund 112 $327.96
Hotel/Motel Tax Fund 113 $9,273.00
Drug Fund 114 $0.00
Criminal Justice Fund 116 $0.00
Events Board Fund 117 $1,488.21
Bond Redemption Fund 202 $0.00
Street Improvements Fund 301 $29,152.23
Storm Water Improvements Fund 308 $4,825.34
Capital Improvements Fund 314 $214,982.05
Equipment R&R Fund 501 $2,412.38
Transportation Benefit District 630 $0.00
Grand Total All Funds $353,278.36
CITY OF EAST WENATCHEE
CHECK REGISTER
July 02, 2019 PAYABLES
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Fund Number Description Amount
001 General Fund $79,891.08
101 Street Fund $10,926.11
112 Library Fund $327.96
113 Hotel/Motel Tax Fund $9,273.00
117 Events Board Fund $1,488.21
301 Street Improvements Fund $29,152.23
308 Storm Water Improvements Fund $4,825.34
314 Capital Improvements Fund $214,982.05
501 Equipment Purchase, Repair & Replacement Fund $2,412.38
Count: 9 $353,278.36
Fund Transaction Summary
Transaction Type: Invoice
Fiscal: 2019 - July 2019 - July 2019 1st Council Meeting
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East Wenatchee - Fund Transaction Summary
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Vendor Number Reference Account Number Description Amount
911 Supply Inc
52262 2019 - July 2019 - July 2019 1st Council Meeting
75521
Police/Recruit Supplies
001-000-210-521-40-30-00 Training - Recruits-Academy $634.57
Total 75521 $634.57
Total 52262 $634.57
Total 911 Supply Inc $634.57
American Building Maintenance CO
52263 2019 - July 2019 - July 2019 1st Council Meeting
13929666
Janitorial Services
001-000-180-518-30-41-01 Contracted Custodial Services $1,908.30
112-000-000-572-50-47-00 Facilities--Utilities $297.83
Total 13929666 $2,206.13
Total 52263 $2,206.13
Total American Building Maintenance CO $2,206.13
Axon Enterprises, Inc.
52264 2019 - July 2019 - July 2019 1st Council Meeting
SI-1595739
Police/Supplies
501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $653.54
Total SI-1595739 $653.54
Total 52264 $653.54
Total Axon Enterprises, Inc.$653.54
Ballard Services, Inc.
52265 2019 - July 2019 - July 2019 1st Council Meeting
386982
Police/DUI Blood Draw
001-000-210-521-10-41-00 Professional Services $89.25
Total 386982 $89.25
386995
Police/DUI Blood Draw
001-000-210-521-10-41-00 Professional Services $89.25
Total 386995 $89.25
Voucher Directory
Fiscal: : 2019 - July 2019
Council Date: : 2019 - July 2019 - July 2019 1st Council Meeting
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Vendor Number Reference Account Number Description Amount
390097
Police/DUI Blood Draw
001-000-210-521-10-41-00 Professional Services $89.25
Total 390097 $89.25
390107
Police/DUI Blood Draw
001-000-210-521-10-41-00 Professional Services $89.25
Total 390107 $89.25
390153
Police/DUI Blood Draw
001-000-210-521-10-41-00 Professional Services $89.25
Total 390153 $89.25
390166
Police/DUI Blood Draw
001-000-210-521-10-41-00 Professional Services $89.25
Total 390166 $89.25
Total 52265 $535.50
Total Ballard Services, Inc.$535.50
Banner Bank Mastercard
52301 2019 - July 2019 - July 2019 1st Council Meeting
Invoice - 6/14/2019 10:00:05 AM
City Clerk/Taxi Cab Background Check
001-000-110-511-60-47-00 Background Check Costs $12.00
Total Invoice - 6/14/2019 10:00:05 AM $12.00
Invoice - 6/14/2019 10:01:59 AM
City Clerk/Supplies
001-000-140-514-20-31-00 Office Supplies $28.09
Total Invoice - 6/14/2019 10:01:59 AM $28.09
Invoice - 6/14/2019 10:02:22 AM
Events/Supplies
117-000-100-557-30-25-00 Marketing - Regional Tourism $8.62
Total Invoice - 6/14/2019 10:02:22 AM $8.62
Invoice - 6/14/2019 10:02:47 AM
Events/Events Board Meeting
117-000-300-557-30-41-12 CC Professional Services $55.17
Total Invoice - 6/14/2019 10:02:47 AM $55.17
Invoice - 6/14/2019 10:03:35 AM
Street/Supplies
101-000-420-542-70-48-00 Repairs & Maintenance $16.00
Total Invoice - 6/14/2019 10:03:35 AM $16.00
Invoice - 6/14/2019 10:04:01 AM
City Clerk/Taxi Cab Background Check
001-000-110-511-60-47-00 Background Check Costs $12.00
Total Invoice - 6/14/2019 10:04:01 AM $12.00
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Vendor Number Reference Account Number Description Amount
Invoice - 6/14/2019 10:04:31 AM
Finance/Office Supplies
001-000-142-514-20-31-00 Office Supplies $28.11
Total Invoice - 6/14/2019 10:04:31 AM $28.11
Invoice - 6/14/2019 10:05:17 AM
IT/Solar Winds Dameware Remote
001-000-145-594-14-60-20 Capital - Cmptr Software Admin $540.00
Total Invoice - 6/14/2019 10:05:17 AM $540.00
Invoice - 6/14/2019 10:06:40 AM
Legal/Ink Cartridge
001-000-151-515-31-31-00 Office Supplies $39.80
Total Invoice - 6/14/2019 10:06:40 AM $39.80
Invoice - 6/14/2019 10:10:08 AM
Misawa/Allen Lacy Meals
001-000-110-511-60-49-00 Miscellaneous $17.69
Total Invoice - 6/14/2019 10:10:08 AM $17.69
Invoice - 6/14/2019 10:11:09 AM
Misawa/Allen Lacy Meals
001-000-110-511-60-49-00 Miscellaneous $26.96
Total Invoice - 6/14/2019 10:11:09 AM $26.96
Invoice - 6/14/2019 10:11:53 AM
Police/Fuel
001-000-210-521-10-32-00 Fuel Consumed $64.48
Total Invoice - 6/14/2019 10:11:53 AM $64.48
Invoice - 6/14/2019 10:12:55 AM
Police/Fuel
001-000-210-521-10-32-00 Fuel Consumed $44.17
Total Invoice - 6/14/2019 10:12:55 AM $44.17
Invoice - 6/14/2019 10:13:27 AM
Events/Classy Chassis
117-000-300-557-30-44-12 Classy Chassis Advertising $20.00
Total Invoice - 6/14/2019 10:13:27 AM $20.00
Invoice - 6/14/2019 10:14:24 AM
Planning/Webinar Registration
001-000-580-558-60-40-00 Training $35.00
Total Invoice - 6/14/2019 10:14:24 AM $35.00
Invoice - 6/14/2019 10:18:07 AM
Events/Classy Chassis and Easter Egg Hunt Ads
117-000-200-557-30-44-02 Easter Advertising $20.00
117-000-300-557-30-44-12 Classy Chassis Advertising $5.00
Total Invoice - 6/14/2019 10:18:07 AM $25.00
Invoice - 6/14/2019 10:18:53 AM
Street/Supplies
101-000-430-543-30-30-00 Supplies $193.42
Total Invoice - 6/14/2019 10:18:53 AM $193.42
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Vendor Number Reference Account Number Description Amount
Invoice - 6/14/2019 10:21:31 AM
Police/Vehicle Repairs
001-000-210-521-10-48-00 Repairs & Maintenance $154.06
Total Invoice - 6/14/2019 10:21:31 AM $154.06
Invoice - 6/14/2019 10:23:58 AM
Police/Vehicle Repairs
001-000-210-521-10-48-00 Repairs & Maintenance $171.58
Total Invoice - 6/14/2019 10:23:58 AM $171.58
Invoice - 6/14/2019 10:27:17 AM
HR/HR Specialist Website
001-000-110-511-60-49-00 Miscellaneous $179.00
Total Invoice - 6/14/2019 10:27:17 AM $179.00
Invoice - 6/14/2019 10:27:59 AM
City Clerk/Council Meeting Supplies
001-000-110-511-60-49-00 Miscellaneous $14.98
Total Invoice - 6/14/2019 10:27:59 AM $14.98
Invoice - 6/14/2019 10:28:42 AM
Police/Job Posting
001-000-210-521-10-41-00 Professional Services $10.00
Total Invoice - 6/14/2019 10:28:42 AM $10.00
Invoice - 6/14/2019 10:29:20 AM
Events/Supplies
117-000-300-557-30-49-12 Classy Chassis Miscellaneous $8.97
Total Invoice - 6/14/2019 10:29:20 AM $8.97
Invoice - 6/14/2019 10:29:49 AM
Events/Supplies
117-000-300-557-30-35-12 Classy Chassis Small Tools & Equipment $27.01
Total Invoice - 6/14/2019 10:29:49 AM $27.01
Invoice - 6/14/2019 10:30:21 AM
HR/Supplies
001-000-110-511-60-49-00 Miscellaneous $9.73
Total Invoice - 6/14/2019 10:30:21 AM $9.73
Invoice - 6/14/2019 10:31:05 AM
City Clerk/Training
001-000-140-514-20-40-00 Training $35.00
Total Invoice - 6/14/2019 10:31:05 AM $35.00
Invoice - 6/14/2019 10:32:00 AM
Police/Supplies
001-000-210-521-10-49-00 Miscellaneous $20.96
Total Invoice - 6/14/2019 10:32:00 AM $20.96
Invoice - 6/14/2019 10:32:21 AM
Events/Ads
117-000-300-557-30-44-12 Classy Chassis Advertising $25.00
Total Invoice - 6/14/2019 10:32:21 AM $25.00
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Vendor Number Reference Account Number Description Amount
Invoice - 6/14/2019 10:32:48 AM
Law Enforcement Luncheon/Lacy Crawford
001-000-110-511-60-49-00 Miscellaneous $32.98
Total Invoice - 6/14/2019 10:32:48 AM $32.98
Invoice - 6/14/2019 10:34:01 AM
City Clerk/Council Meeting Meals
001-000-110-511-60-49-00 Miscellaneous $76.18
Total Invoice - 6/14/2019 10:34:01 AM $76.18
Invoice - 6/14/2019 10:34:33 AM
Central Stores
001-000-140-514-20-31-01 Central Stores $41.43
Total Invoice - 6/14/2019 10:34:33 AM $41.43
Invoice - 6/14/2019 10:35:05 AM
IT/Supplies
001-000-145-594-14-60-25 Capital - Cmptr Hdwe Admin $76.73
Total Invoice - 6/14/2019 10:35:05 AM $76.73
Invoice - 6/14/2019 10:35:34 AM
City Clerk/Council Workshop Supplies
001-000-110-511-60-49-00 Miscellaneous $46.54
Total Invoice - 6/14/2019 10:35:34 AM $46.54
Invoice - 6/14/2019 10:36:20 AM
Street/Fuel
101-000-313-542-42-30-00 NPDES Supplies $121.04
101-000-420-542-70-30-00 Supplies $121.03
101-000-420-542-75-30-00 Supplies $121.03
Total Invoice - 6/14/2019 10:36:20 AM $363.10
Invoice - 6/14/2019 10:37:16 AM
Credit
001-000-110-511-60-49-00 Miscellaneous ($2.34)
Total Invoice - 6/14/2019 10:37:16 AM ($2.34)
Invoice - 6/14/2019 9:50:45 AM
Wellness
001-000-001-518-91-30-00 Wellness $8.65
Total Invoice - 6/14/2019 9:50:45 AM $8.65
Invoice - 6/14/2019 9:51:17 AM
IT/Computer Equipment
001-000-145-594-14-60-25 Capital - Cmptr Hdwe Admin $12.91
001-000-145-594-14-60-25 Capital - Cmptr Hdwe Admin $15.02
001-000-145-594-14-60-25 Capital - Cmptr Hdwe Admin $36.30
001-000-145-594-14-60-25 Capital - Cmptr Hdwe Admin $21.61
001-000-145-594-14-60-25 Capital - Cmptr Hdwe Admin $34.58
001-000-145-594-14-60-27 Capital - Cmptr Equip Police $30.04
Total Invoice - 6/14/2019 9:51:17 AM $150.46
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Vendor Number Reference Account Number Description Amount
Invoice - 6/14/2019 9:56:38 AM
Police/Jumpdrives
001-000-210-521-10-31-00 Office Supplies $108.18
Total Invoice - 6/14/2019 9:56:38 AM $108.18
Invoice - 6/14/2019 9:57:10 AM
Police/Office Supplies
001-000-210-521-10-31-00 Office Supplies $38.51
Total Invoice - 6/14/2019 9:57:10 AM $38.51
Invoice - 6/14/2019 9:57:43 AM
Monthly Adobe Subscription
001-000-145-514-20-49-00 Miscellaneous $48.66
Total Invoice - 6/14/2019 9:57:43 AM $48.66
Invoice - 6/14/2019 9:59:00 AM
Monthly Amazon Prime Subscription
001-000-140-514-20-41-00 Membership Dues & Publications $14.06
Total Invoice - 6/14/2019 9:59:00 AM $14.06
Total 52301 $2,825.94
Total Banner Bank Mastercard $2,825.94
Battery Systems Inc
52266 2019 - July 2019 - July 2019 1st Council Meeting
4976132
Police/Vehicle Repairs
501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $140.73
Total 4976132 $140.73
Total 52266 $140.73
Total Battery Systems Inc $140.73
Ben Fauconnier
52302 2019 - July 2019 - July 2019 1st Council Meeting
Invoice - 6/14/2019 9:34:07 AM
Police/Per Diem FTO Academy 6/16-6/21
001-000-210-521-10-43-00 Travel $1,138.56
Total Invoice - 6/14/2019 9:34:07 AM $1,138.56
Total 52302 $1,138.56
Total Ben Fauconnier $1,138.56
Chancey C. Crowell
52261 2019 - July 2019 - July 2019 1st Council Meeting
Invoice - 6/18/2019 12:08:00 PM
Court/Travel Reimbursement
001-000-120-512-50-43-00 Travel $493.58
Total Invoice - 6/18/2019 12:08:00 PM $493.58
Total 52261 $493.58
Total Chancey C. Crowell $493.58
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Vendor Number Reference Account Number Description Amount
Ci Support LLC, dba: Ci Information Management
52267 2019 - July 2019 - July 2019 1st Council Meeting
0084036
Court/Shredding Services
001-000-120-594-12-60-00 Capital Outlay $21.00
Total 0084036 $21.00
Total 52267 $21.00
Total Ci Support LLC, dba: Ci Information Management $21.00
Cinta's Corporation #607
52268 2019 - July 2019 - July 2019 1st Council Meeting
607250254
Street/Supplies
001-000-210-521-10-48-00 Repairs & Maintenance $26.93
101-000-430-543-30-30-00 Supplies $75.09
Total 607250254 $102.02
607250255
Police-Street/Supplies
001-000-180-518-30-41-00 Professional Services $285.38
001-000-210-521-10-49-00 Miscellaneous $83.69
Total 607250255 $369.07
607250948
Street/Supplies
001-000-210-521-10-48-00 Repairs & Maintenance $98.00
101-000-430-543-30-30-00 Supplies $62.46
Total 607250948 $160.46
607251701
Street/Supplies
001-000-210-521-10-48-00 Repairs & Maintenance $26.93
101-000-430-543-30-30-00 Supplies $30.07
Total 607251701 $57.00
607252400
Street/Supplies
001-000-210-521-10-48-00 Repairs & Maintenance $98.00
101-000-430-543-30-30-00 Supplies $62.46
Total 607252400 $160.46
Total 52268 $849.01
Total Cinta's Corporation #607 $849.01
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Vendor Number Reference Account Number Description Amount
Cities Ins Assoc of Wash
52269 2019 - July 2019 - July 2019 1st Council Meeting
172384
Vactor Truck Insurance
101-000-430-543-30-46-00 Insurance $1,405.17
Total 172384 $1,405.17
Total 52269 $1,405.17
Total Cities Ins Assoc of Wash $1,405.17
Conference Solutions, Inc.
52270 2019 - July 2019 - July 2019 1st Council Meeting
Invoice - 6/25/2019 12:27:31 PM
HR/Allen Conference Registration Fee
001-000-110-511-60-40-00 Training $619.00
Total Invoice - 6/25/2019 12:27:31 PM $619.00
Total 52270 $619.00
Total Conference Solutions, Inc.$619.00
Confluence Health
52271 2019 - July 2019 - July 2019 1st Council Meeting
90073218
Police/Brender Immunizations
001-000-210-521-10-41-00 Professional Services $120.00
Total 90073218 $120.00
Total 52271 $120.00
Total Confluence Health $120.00
David Marin DBA Cruzin Magazine
52272 2019 - July 2019 - July 2019 1st Council Meeting
7197
Events/Advertisng
117-000-400-557-30-44-11 Wings & Wheels Advertising $277.50
117-000-400-557-30-49-12 Wings & Wheels Miscellaneous $277.50
Total 7197 $555.00
Total 52272 $555.00
Total David Marin DBA Cruzin Magazine $555.00
Douglas County Fire District #2
52273 2019 - July 2019 - July 2019 1st Council Meeting
Invoice - 6/26/2019 8:21:42 AM
2018 & 2019 Firework Cleaning Deposits
001-001-000-589-30-00-04 Fireworks - Dcfd Remittance $500.00
Total Invoice - 6/26/2019 8:21:42 AM $500.00
Total 52273 $500.00
Total Douglas County Fire District #2 $500.00
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Vendor Number Reference Account Number Description Amount
East Wenatchee Water Dist
52274 2019 - July 2019 - July 2019 1st Council Meeting
Invoice - 6/18/2019 1:41:09 PM
Utilities
101-000-313-542-42-47-00 NPDES Utilities $250.70
Total Invoice - 6/18/2019 1:41:09 PM $250.70
Total 52274 $250.70
Total East Wenatchee Water Dist $250.70
Fastenal Company
52275 2019 - July 2019 - July 2019 1st Council Meeting
WAWEN194831
Street/Supplies
501-000-000-542-90-48-25 Street Vehicle R&M Supplies $88.94
Total WAWEN194831 $88.94
WAWEN194843
Street/Supplies
101-000-430-543-30-30-00 Supplies $69.20
Total WAWEN194843 $69.20
WAWEN195056
Police/Supplies
501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $7.53
Total WAWEN195056 $7.53
WAWEN195063
Street/Supplies
501-000-000-542-90-48-30 Street Equipment R&M $130.13
Total WAWEN195063 $130.13
WAWEN195089
Street/Supplies
501-000-000-542-90-48-30 Street Equipment R&M $4.84
Total WAWEN195089 $4.84
WAWEN195106
Street/Supplies
501-000-000-542-90-48-30 Street Equipment R&M $147.49
Total WAWEN195106 $147.49
WAWEN195229
Street/Supplies
101-000-420-542-69-30-00 Supplies $180.69
Total WAWEN195229 $180.69
WAWEN195300
Police/Supplies
501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $13.14
Total WAWEN195300 $13.14
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Vendor Number Reference Account Number Description Amount
WAWEN195392
Street/Supplies
101-000-430-543-30-30-00 Supplies $8.53
Total WAWEN195392 $8.53
Total 52275 $650.49
Total Fastenal Company $650.49
Frontier
52276 2019 - July 2019 - July 2019 1st Council Meeting
Invoice - 6/18/2019 1:41:50 PM
Street Modem
101-000-420-542-64-47-00 Utilities $57.35
Total Invoice - 6/18/2019 1:41:50 PM $57.35
Invoice - 6/18/2019 1:44:08 PM
Street Modem
101-000-420-542-64-47-00 Utilities $66.92
Total Invoice - 6/18/2019 1:44:08 PM $66.92
Invoice - 6/18/2019 1:46:02 PM
Street Modem
101-000-420-542-64-47-00 Utilities $67.02
Total Invoice - 6/18/2019 1:46:02 PM $67.02
Invoice - 6/18/2019 1:46:24 PM
Street Modem
101-000-420-542-64-47-00 Utilities $66.92
Total Invoice - 6/18/2019 1:46:24 PM $66.92
Invoice - 6/25/2019 12:21:40 PM
Phone Lines
001-000-180-518-30-47-00 Utilities $193.05
112-000-000-572-50-47-00 Facilities--Utilities $30.13
Total Invoice - 6/25/2019 12:21:40 PM $223.18
Invoice - 6/25/2019 12:22:30 PM
Street Modem
101-000-420-542-64-47-00 Utilities $62.32
Total Invoice - 6/25/2019 12:22:30 PM $62.32
Total 52276 $543.71
Total Frontier $543.71
Graybeal Signs, Inc
52277 2019 - July 2019 - July 2019 1st Council Meeting
37751
City Clerk/Council Member Photo Frames
001-000-110-511-60-49-00 Miscellaneous $893.95
Total 37751 $893.95
Total 52277 $893.95
Total Graybeal Signs, Inc $893.95
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Vendor Number Reference Account Number Description Amount
Haglund's Trophies
52278 2019 - July 2019 - July 2019 1st Council Meeting
56986
Events/Parkway Pileup Plaques
117-000-450-557-30-49-01 PkwyPile-up Car Show Miscellaneous $227.31
Total 56986 $227.31
Total 52278 $227.31
Total Haglund's Trophies $227.31
HD Fowler Co
52279 2019 - July 2019 - July 2019 1st Council Meeting
I5175360
Street/Supplies
101-000-420-542-75-48-00 Repairs & Maintenance $60.46
Total I5175360 $60.46
Total 52279 $60.46
Total HD Fowler Co $60.46
Ising Inc.-dba Cascade Quality Water
52280 2019 - July 2019 - July 2019 1st Council Meeting
Invoice - 6/18/2019 2:24:41 PM
Street/Shop Drinking Water
101-000-430-543-30-30-00 Supplies $28.46
Total Invoice - 6/18/2019 2:24:41 PM $28.46
Total 52280 $28.46
Total Ising Inc.-dba Cascade Quality Water $28.46
J.J. Keller & Associates, Inc.
52260 2019 - July 2019 - July 2019 1st Council Meeting
9103907420
Street/Office Supplies
501-000-000-542-90-48-25 Street Vehicle R&M Supplies $436.51
Total 9103907420 $436.51
Total 52260 $436.51
Total J.J. Keller & Associates, Inc.$436.51
James & Barbara Brazill
52281 2019 - July 2019 - July 2019 1st Council Meeting
Invoice - 6/18/2019 9:50:36 AM
Planning/Revised Building Permit Refund
001-000-000-322-10-00-00 Building & Structure Permits $30.00
001-000-000-322-10-00-00 Building & Structure Permits $1,002.75
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Vendor Number Reference Account Number Description Amount
001-000-000-322-10-00-00 Building & Structure Permits $85.00
Total Invoice - 6/18/2019 9:50:36 AM $1,117.75
Total 52281 $1,117.75
Total James & Barbara Brazill $1,117.75
Keyhole Security Center Inc
52282 2019 - July 2019 - July 2019 1st Council Meeting
305401
Street/Locksmith
101-000-420-542-75-30-00 Supplies $399.10
Total 305401 $399.10
Total 52282 $399.10
Total Keyhole Security Center Inc $399.10
Kottkamp & Yedinak, Pllc
52283 2019 - July 2019 - July 2019 1st Council Meeting
Invoice - 6/25/2019 1:48:03 PM
June 2019 Public Defender Services
001-000-110-511-60-21-50 Public Defender $4,050.00
Total Invoice - 6/25/2019 1:48:03 PM $4,050.00
Total 52283 $4,050.00
Total Kottkamp & Yedinak, Pllc $4,050.00
KPG, P.S.
52284 2019 - July 2019 - July 2019 1st Council Meeting
5-17719
Planning Mgmt/2019 Residential Overlay Professional Services
301-000-000-595-30-40-38 SDC 2019 TBD Paving $3,142.00
Total 5-17719 $3,142.00
Total 52284 $3,142.00
Total KPG, P.S.$3,142.00
Krci Llc
52285 2019 - July 2019 - July 2019 1st Council Meeting
Invoice - 6/18/2019 10:38:19 AM
Project Mgmt/East Wenatchee Gateway Park Professional Services
314-000-000-594-59-60-01 Gateway Property Construction $214,982.05
Total Invoice - 6/18/2019 10:38:19 AM $214,982.05
Total 52285 $214,982.05
Total Krci Llc $214,982.05
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Vendor Number Reference Account Number Description Amount
Les Schwab Tire Center Inc
52257 2019 - July 2019 - July 2019 1st Council Meeting
34300972386
Police/Vehicle Repairs
501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $75.74
Total 34300972386 $75.74
34300973295
Street/Sweeper Repairs
101-000-313-542-42-48-00 NPDES Equipment Repair & Maintenance $399.40
Total 34300973295 $399.40
34300976620
Police/Vehicle Repairs
501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $713.79
Total 34300976620 $713.79
Total 52257 $1,188.93
Total Les Schwab Tire Center Inc $1,188.93
Moon Security
52286 2019 - July 2019 - July 2019 1st Council Meeting
984018
Police/Security Monitoring
001-000-210-521-10-41-00 Professional Services $38.18
Total 984018 $38.18
Total 52286 $38.18
Total Moon Security $38.18
Mutt Mitt
52287 2019 - July 2019 - July 2019 1st Council Meeting
283964
Street/Supplies
101-000-420-542-62-30-00 Supplies $685.70
Total 283964 $685.70
Total 52287 $685.70
Total Mutt Mitt $685.70
Office Depot Credit Plan
52288 2019 - July 2019 - July 2019 1st Council Meeting
2300759298
Events/Paper
117-000-300-557-30-35-12 Classy Chassis Small Tools & Equipment $17.08
Total 2300759298 $17.08
2301070503
Events/Supplies
117-000-300-557-30-41-12 CC Professional Services $28.06
Total 2301070503 $28.06
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Vendor Number Reference Account Number Description Amount
308172150001
Central Stores/Office Supplies
001-000-140-514-20-31-01 Central Stores $61.66
Total 308172150001 $61.66
308187834001
Police/Supplies
001-000-210-521-10-31-00 Office Supplies $436.88
Total 308187834001 $436.88
313804555001
Events/Supplies
117-000-100-557-30-31-00 Events Department Office Supplies $140.99
Total 313804555001 $140.99
315227456001
Central Stores/Supplies
001-000-140-514-20-31-01 Central Stores $62.44
Total 315227456001 $62.44
316448689001
Planning & City Clerk/Printer Toner and Cartridges
001-000-140-514-20-31-00 Office Supplies $191.20
001-000-580-558-60-31-00 Office Supplies $240.89
Total 316448689001 $432.09
317889816001
Finance/Envelopes
001-000-142-514-20-31-00 Office Supplies $67.40
Total 317889816001 $67.40
Total 52288 $1,246.60
Total Office Depot Credit Plan $1,246.60
Pacific Engineering & Design, PLLC
52289 2019 - July 2019 - July 2019 1st Council Meeting
29507
Planning Mgmt/19th & Cascade Retrofit Professional Services
308-000-000-595-40-63-39 19th St. NW Design SWU DOE $4,825.34
Total 29507 $4,825.34
Total 52289 $4,825.34
Total Pacific Engineering & Design, PLLC $4,825.34
Parker Corporation Services, INC DBA Merchant Patrol Security
52290 2019 - July 2019 - July 2019 1st Council Meeting
28013
Court/Armed Guard Services May 2019
001-000-120-512-50-49-09 Security $512.50
Total 28013 $512.50
Total 52290 $512.50
Total Parker Corporation Services, INC DBA Merchant Patrol Security $512.50
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Vendor Number Reference Account Number Description Amount
Patrick McMahon
52291 2019 - July 2019 - July 2019 1st Council Meeting
Invoice - 6/18/2019 12:06:48 PM
Court/Pro-tem Judge 6/3/19,6/5/19
001-000-120-512-50-49-02 Judge Protems $375.00
Total Invoice - 6/18/2019 12:06:48 PM $375.00
Invoice - 6/25/2019 1:51:18 PM
Court/Pro-tem Judge 6/19/19,6/21/19,6/24/19
001-000-120-512-50-49-02 Judge Protems $450.00
Total Invoice - 6/25/2019 1:51:18 PM $450.00
Total 52291 $825.00
Total Patrick McMahon $825.00
Randy's Auto Parts & Towing
52292 2019 - July 2019 - July 2019 1st Council Meeting
30024368
Police/DUI Tow
001-000-210-521-10-41-00 Professional Services $162.30
Total 30024368 $162.30
Total 52292 $162.30
Total Randy's Auto Parts & Towing $162.30
Rh2 Engineering, Inc.
52293 2019 - July 2019 - July 2019 1st Council Meeting
73343
Project Mgmt/10th St Reconstruction Professional Services
301-000-000-595-10-40-26 Design - PWTFL - 10th St $20,303.68
301-000-000-595-20-60-00 10th Street ROW $5,706.55
Total 73343 $26,010.23
Total 52293 $26,010.23
Total Rh2 Engineering, Inc.$26,010.23
Rivercom
52294 2019 - July 2019 - July 2019 1st Council Meeting
Invoice - 6/25/2019 1:45:45 PM
June 2019 Dispatch Services
001-000-001-528-70-40-00 River Com $28,242.67
Total Invoice - 6/25/2019 1:45:45 PM $28,242.67
Total 52294 $28,242.67
Total Rivercom $28,242.67
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Vendor Number Reference Account Number Description Amount
Schmitt Electric Inc.
52295 2019 - July 2019 - July 2019 1st Council Meeting
21125
Street/Pedestrian Light
101-000-420-542-64-48-00 Repairs & Maintenance $1,298.40
Total 21125 $1,298.40
Total 52295 $1,298.40
Total Schmitt Electric Inc.$1,298.40
Sedgwick Claims Management Services, Inc: Suntrust Bank
52296 2019 - July 2019 - July 2019 1st Council Meeting
400000016684
Quarterly Insurance Premiums
001-000-110-511-60-46-00 Insurance $27.83
001-000-120-512-50-46-00 Insurance $55.67
001-000-140-514-20-46-00 Insurance $27.83
001-000-142-514-20-46-00 Insurance $27.83
001-000-151-515-31-46-00 Insurance $13.92
001-000-160-521-10-46-00 Insurance $13.92
001-000-210-521-10-46-00 Insurance $334.00
001-000-315-542-10-46-00 Insurance $13.92
001-000-580-558-60-46-00 Insurance $27.83
001-000-590-558-50-46-00 Insurance $13.92
101-000-430-543-30-46-00 Insurance $139.17
Total 400000016684 $695.84
Total 52296 $695.84
Total Sedgwick Claims Management Services, Inc: Suntrust Bank $695.84
Special Asphalt Products Inc.
52297 2019 - July 2019 - July 2019 1st Council Meeting
INV080471
Street/Supplies
101-000-420-542-30-30-00 Supplies $4,878.00
Total INV080471 $4,878.00
Total 52297 $4,878.00
Total Special Asphalt Products Inc.$4,878.00
Spillman Technologies, Inc
52298 2019 - July 2019 - July 2019 1st Council Meeting
40703
Police/Spillman Annual Maintenance Fee
001-000-145-514-20-40-20 Annual License - Spillman, NetMotion & Ragnasoft $14,074.60
Total 40703 $14,074.60
Total 52298 $14,074.60
Total Spillman Technologies, Inc $14,074.60
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Vendor Number Reference Account Number Description Amount
The Establishment LLC DBA NuClear Building Maintenance
52299 2019 - July 2019 - July 2019 1st Council Meeting
33638
Street/Window Cleaning
001-000-180-518-30-41-00 Professional Services $774.95
Total 33638 $774.95
Total 52299 $774.95
Total The Establishment LLC DBA NuClear Building Maintenance $774.95
Tony Ditommaso PS
52303 2019 - July 2019 - July 2019 1st Council Meeting
Invoice - 6/25/2019 1:48:48 PM
June 2019 Public Defender Services
001-000-110-511-60-21-50 Public Defender $4,050.00
Total Invoice - 6/25/2019 1:48:48 PM $4,050.00
Total 52303 $4,050.00
Total Tony Ditommaso PS $4,050.00
Total Travel
52304 2019 - July 2019 - July 2019 1st Council Meeting
Invoice - 6/25/2019 12:28:46 PM
Misawa/Airline Lacy, Magdoff
001-000-110-511-60-43-01 Travel - Misawa $2,920.00
Total Invoice - 6/25/2019 12:28:46 PM $2,920.00
Total 52304 $2,920.00
Total Total Travel $2,920.00
Troy Lucas DBa T-Bone Entertainment
52305 2019 - July 2019 - July 2019 1st Council Meeting
Invoice - 6/26/2019 8:09:19 AM
Events/Parkway-Pileup Entertainment
117-000-450-557-30-41-00 PPU Professional Services $350.00
Total Invoice - 6/26/2019 8:09:19 AM $350.00
Total 52305 $350.00
Total Troy Lucas DBa T-Bone Entertainment $350.00
Verizon Wireless
52306 2019 - July 2019 - July 2019 1st Council Meeting
9831384827
Legislative Cell Phones
001-000-110-511-60-49-00 Miscellaneous $366.86
Total 9831384827 $366.86
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Vendor Number Reference Account Number Description Amount
9831384834
Police/Cell Phones
001-000-210-521-10-42-01 Telephone $1,657.97
Total 9831384834 $1,657.97
Total 52306 $2,024.83
Total Verizon Wireless $2,024.83
Wash ST Dept of Licensing
52307 2019 - July 2019 - July 2019 1st Council Meeting
EWP001442 Parsons
Gun Permit
001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00
Total EWP001442 Parsons $18.00
EWP001444 Reynaga-Flores
Gun Permit
001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00
Total EWP001444 Reynaga-Flores $18.00
EWP001445 Wilson
Gun Permit
001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00
Total EWP001445 Wilson $18.00
EWP001446 Donabauer
Gun Permit
001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00
Total EWP001446 Donabauer $18.00
EWP001447 Dobbins
Late Gun Permit
001-001-000-589-30-00-15 State Share of Permits & Licenses $21.00
Total EWP001447 Dobbins $21.00
EWP001448 Michel
Gun Permit
001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00
Total EWP001448 Michel $18.00
EWP001449 Thompson
Gun Permit
001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00
Total EWP001449 Thompson $18.00
EWP001450 Camden
Gun Permit
001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00
Total EWP001450 Camden $18.00
EWP001452 Straub
Gun Permit
001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00
Total EWP001452 Straub $18.00
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Vendor Number Reference Account Number Description Amount
EWP001453 Dekorte
Gun Permit
001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00
Total EWP001453 Dekorte $18.00
EWP001454 Shultz
Gun Permit
001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00
Total EWP001454 Shultz $18.00
Total 52307 $201.00
Total Wash ST Dept of Licensing $201.00
Waxie Sanitary Supply
52308 2019 - July 2019 - July 2019 1st Council Meeting
78346444
Janitorial and Cleaning Supplies
001-000-180-518-30-31-06 Cleaning & Sanitation Supplies $191.54
Total 78346444 $191.54
Total 52308 $191.54
Total Waxie Sanitary Supply $191.54
Wenatchee Valley Humane Society
52309 2019 - July 2019 - July 2019 1st Council Meeting
Invoice - 6/25/2019 1:50:12 PM
June 2019 Animal Control Services
001-000-001-539-30-40-00 Animal Control $6,126.24
Total Invoice - 6/25/2019 1:50:12 PM $6,126.24
Total 52309 $6,126.24
Total Wenatchee Valley Humane Society $6,126.24
Wenatchee Valley Misawa
52310 2019 - July 2019 - July 2019 1st Council Meeting
Invoice - 6/25/2019 1:39:31 PM
2019 Misawa Delegation Expenditures
001-000-110-511-60-43-01 Travel - Misawa $1,700.00
Total Invoice - 6/25/2019 1:39:31 PM $1,700.00
Total 52310 $1,700.00
Total Wenatchee Valley Misawa $1,700.00
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Vendor Number Reference Account Number Description Amount
Wenatchee Valley Museum & Cultural Center
52311 2019 - July 2019 - July 2019 1st Council Meeting
Invoice - 6/25/2019 1:49:24 PM
July 2019 Joint Agreement Fee
113-000-000-557-30-41-15 Wenatchee Valley Museum & CC $9,273.00
Total Invoice - 6/25/2019 1:49:24 PM $9,273.00
Total 52311 $9,273.00
Total Wenatchee Valley Museum & Cultural Center $9,273.00
Woods & Brangwin PLLC
52312 2019 - July 2019 - July 2019 1st Council Meeting
Invoice - 6/25/2019 1:37:44 PM
Court/May 2019 Conflict Cases
001-000-110-511-60-30-00 Public Defender Conflicts $832.50
Total Invoice - 6/25/2019 1:37:44 PM $832.50
Total 52312 $832.50
Total Woods & Brangwin PLLC $832.50
Xerox Corporation
52313 2019 - July 2019 - July 2019 1st Council Meeting
097134916
Street/Copier Fees
001-000-141-514-20-31-01 Office Machine Costs $103.47
Total 097134916 $103.47
097134920
Court/Copier Fees
001-000-120-594-12-60-00 Capital Outlay $269.91
Total 097134920 $269.91
097248594
Police/Copier Fees
001-000-210-521-10-31-05 Office Machine Costs $296.41
Total 097248594 $296.41
Total 52313 $669.79
Total Xerox Corporation $669.79
Grand Total Vendor Count 54 $353,278.36
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06-13-2019 Council Workshop Minutes Page 1 of 2
CITY OF EAST WENATCHEE
271 9th Street NE * East Wenatchee, WA 98802
Phone (509) 884-9515 * Fax (509) 884-6233
City Council Workshop
East Wenatchee City Hall
271 9th St. NE
East Wenatchee, WA 98802
Minutes
Thursday, June 13, 2019
In attendance:
Mayor Lacy Josh DeLay, Finance Director
Councilmember Sterk Lori Barnett, Community Development Director
Councilmember Raab Tom Wachholder, Project Dev. Manager
Councilmember Johnson Mary Beth Phillips, Court Administrator
Councilmember Crawford Trina Elmes, Events Director / PIO
Councilmember Magdoff Maria Holman, City Clerk
Councilmember Detering
5:30 p.m. Council Workshop.
1. Councilmember Magdoff opened the meeting.
A. Tom Wachholder, Project Development Manager, Erik Howe and Devon
Petit (from RH2 Engineering), updated the Council on the Highline
Drive/3rd Street SE roundabout project. They Showed several videos
illustrating existing traffic movement and proposed.
The Council was asked to provide feedback before a public meeting is held.
Positive comments were provided by all councilmembers regarding the project.
No action was taken by the Council.
B. Community Development Director Lori Barnett provided Council an
update from the last City of East Wenatchee Facility Team Meeting.
Ms. Barnett provided a Memorandum dated June 26, 2019 explaining the
recommendation by the Facility Team of phasing the campus expansion over a
period of several years.
Positive comments were provided by all Councilmembers. Finance Director
Josh DeLay was present and provided debt service information.
No action was taken by the Council.
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06-13-2019 Council Workshop Minutes Page 2 of 2
C. Mayor Lacy spoke to council about adding security cameras to the
Gateway Project. Staff will be bringing information forward at a later
meeting. The Mayor has asked Police for regular patrols of the park until
cameras are installed.
Comments provided by Councilmember Magdoff and Councilmember Detering.
No action was taken by Council.
Adjournment. With no further business, the meeting adjourned at 7:00 p.m.
____________________________
Attest: Steven C. Lacy, Mayor
_______________________________
Maria E. Holman, City Clerk
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In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk
at (509) 886-6103 (TTY 711). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1.)
06/18/2019 06-18-2018 Council Meeting Minutes
Page 1 of 4
East Wenatchee City Council Meeting
Tuesday, June 18, 2019
East Wenatchee City Hall
271 9th Street NE
East Wenatchee, WA 98802
Minutes
In attendance: Staff in attendance:
Mayor Steven Lacy Devin Poulson, City Attorney
Councilmember John Sterk Lori Barnett, Community Development Director
Councilmember Harry Raab Tom Wachholder, Project Development Manager
Councilmember Chuck Johnson Josh DeLay, Finance Director
Councilmember Jerrilea Crawford Randy Harrison, Police Chief
Councilmember Shayne Magdoff Maria Holman, City Clerk
Councilmember Timothy Detering
Councilmember Matthew Hepner
6:00 p.m. Regular Meeting
Call to Order, Roll Call and Pledge of Allegiance.
a. Councilmember Hepner joined the meeting at 6:03 p.m.
2. Consent Items:
a. 06/18/2019, Checks: 52187 - 52251, in the amount of $85,753.70.
b. May 2019 Payroll Certification.
c. 06/04/2019 Council Minutes.
Motion by Councilmember Crawford to approve consent items. Councilmember
Magdoff seconded the motion. Motion carried (7-0).
3. Citizen Requests/Comments. None.
4. Presentations.
a. East Wenatchee Futsal field funding request – Alejandro Cruz.
Sally Brawley, Eastmont Metropolitan Parks District Director spoke to Council in
support of funding the project; Jose Cuevas, 923 Walker Ave., Wenatchee, spoke to
Council in support of funding the project with hopes to increase youth programs in
the valley; Cindy Abouammo, President of Wenatchee United Soccer Club spoke in
support of funding the project to increase local soccer tournaments.
Comments in support of funding the project provided by Mayor Lacy,
Councilmember Detering, Councilmember Johnson, Councilmember Crawford,
Councilmember Hepner, Councilmember Magdoff and Councilmember Sterk.
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Page 27 of 106
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk
at (509) 886-6103 (TTY 711). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1.)
06/18/2019 06-18-2018 Council Meeting Minutes
Page 2 of 4
Presentations continued:
Councilmember Crawford spoke in support of funding the project in the amount of
$10,000 instead of $20,000. Councilmember Crawford explained that $10,000 was
the original ask when presented to the (EWEB) East Wenatchee Events Board on
March 6, 2019.
Motion by Councilmember Detering to fund the East Wenatchee Futsal Field
Project in the amount of $20,000 as presented by Alejandro Cruz using the General
Fund - 2020 budget. Councilmember Raab seconded the motion. Motion Carried (6-
1 Crawford).
b. North Central Washington Economic Development District Presentation - Karen
Francis-McWhite, Executive Director.
Comments provided by Mayor Lacy, and Council in appreciation of the presentation
by Ms. Francis-McWhite informing Council of the Economic Development Districts
role in the region and Strategic objectives.
5. Department Report.
a. Finance Director Josh DeLay provided a May 2019 Financial Report.
Comments provided by Councilmember Johnson, Mayor Lacy, and Councilmember
Detering.
b. Project Development Manager Tom Wachholder provided a Public Works
Department Report.
Comments provided by Councilmember Raab, Councilmember Detering and
Councilmember Magdoff.
6. Mayor’s Report.
a. Mayor Lacy commented on possible revision to the East Wenatchee Municipal Code
for special event permitting and use of facilities like the Gateway Park. A revision to
the Code may be presented to the Council in the future to consider a tiered fee
schedule.
7. Action Items.
a. Resolution 2019-12, a Resolution of the City of East Wenatchee, Washington
supporting the Proposition 1, Chelan-Douglas Transportation Benefit Area (“Link
Transit”).
i. Lauren Loebsack of 322 Franklin Street, Wenatchee, spoke to Council in
support of Link Transit Proposition 1.
ii. Russell Speidel of 1031 Grenz St., Wenatchee, and part owner of East
Wenatchee properties spoke to Council in support of Link Transit Proposition 1.
Comments provided by Councilmember Raab and Finance Director Josh DeLay.
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In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk
at (509) 886-6103 (TTY 711). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1.)
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Page 3 of 4
Action Items /Resolution 2019-12 continued.
Motion by Councilmember Johnson to adopt Resolution 2019-12 supporting the
Proposition 1, Chelan-Douglas Transportation Benefit Area (Link Transit).
Councilmember Crawford seconded the motion. Motion carried (7-0).
b. Resolution 2019-13, a Resolution of the City of East Wenatchee, Washington
supporting a ballot measure sponsored by RiverCom 911 entitled, “Renewal of
Enhanced 911 Emergency Communication Systems and Facilities”.
Motion by Councilmember Detering to adopt Resolution 2019-13 supporting the
ballot Measure by RiverCom 911 as presented. Councilmember Magdoff seconded
the motion. Motion carried (7-0).
c. Project Development Manager Tom Wachholder presented the Greater East
Wenatchee Stormwater Utility ILA, Intent to terminate Interlocal Cooperative
Agreement for storm and surface water management.
Comments by Councilmember Johnson, Councilmember Magdoff,
Motion by Councilmember Detering to authorize the Mayor to sign the termination
letter for the Greater East Wenatchee Stormwater Utility. Councilmember Sterk
seconded the motion. Motion carried (7-0).
d. A public meeting for consideration of a Notice of Intention to Commence
Annexation Proceedings signed by the owners of 10% of the value of the 70 acres of
land proposed for an annexation to be known as the “Fourth & Kentucky
Annexation” located south of 4th St. SE and west of S. Kentucky Avenue was
presented by Lori Barnett, Community Development Director. Ms. Barnett
recommended that the City Council accept the notice with the following conditions.
1. The annexation area should be geographically modified to include the
Wenatchee Reclamation District Irrigation Canal and Parcel No.
40200006402; and
2. Require adoption of zoning in compliance with the City Proposed Zoning
Resolution 01-09; and
3. The City will not require assumption of current City indebtedness, there
being no indebtedness to assume.
Comments provided by Councilmember Sterk and Councilmember Detering.
Motion by Councilmember Sterk to accept the Notice of Intention to Commence
Annexation Proceedings authorizing the petitioner to circulate the 60% petition for
signature included the conditions presented. Councilmember Magdoff seconded the
motion. Motion carried (7-0).
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In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk
at (509) 886-6103 (TTY 711). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1.)
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8. Council Reports & Announcements.
a. Councilmember Sterk reported that the Health District held their monthly meeting
and had a discussion regarding homelessness and public health. The Health District
is planning to conduct a study via a drone along the river to get acquainted with
what is happening along the riverbank south of Hobby Lobby.
b. Councilmember Magdoff reported that the Housing Authority held a special meeting
on February 19, 2019 where they voted to purchase multi-family units in
Leavenworth to provide housing to low-income, elderly seniors. They having
authority continue to negotiate for the purchase.
c. Councilmember Crawford reported that NCW Life interviewed RiverCom and other
emergency responders regarding the little girl who fell into the water in Rock Island
and they have completed a one-hour documentary that will air on Thursday night on
the NCW Life Channel.
9. Councilmember Johnson asked about the status of the Wenatchee Valley Museum
Contract and negotiations.
Mayor Lacy Commented that there is a meeting scheduled with the Museum.
10. Adjournment. With no further business, the meeting adjourned at 7:34 p.m.
Steven C. Lacy, Mayor
Attest:
Maria E. Holman, City Clerk
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CITY OF EAST WENATCHEE
COUNCIL AGENDA BILL
To: Mayor and Council.
From/Presenter: Lori Barnett, Community Development Director
Subject: Resolution 2019-14 authorizing the Mayor to sign two Interlocal
Agreements for a Regional Assessment of Fair Housing project with
the City of Wenatchee, the City of East Wenatchee, and the Housing
Authority of Chelan County and the City of Wenatchee
Date: July 2, 2019
I. Summary Title: A Resolution of the City of East Wenatchee,
authorizing the Mayor to sign an Interlocal Agreement Between the
City of East Wenatchee and the City of Wenatchee for Completion of
a Regional Assessment of Fair Housing and an Interlocal Agreement
for Assessment of Fair Housing Regional Collaboration among the
City of Wenatchee, the City of East Wenatchee, and the Housing
Authority of Chelan County and the City of Wenatchee.
II. Background/History: The City of East Wenatchee annually receives
Community Development Block Grant (CDBG) funds from the U.S.
Department of Housing and Urban Development (HUD). The Fair
Housing Act requires that HUD administer programs and activities
relating to housing and urban development in a manner that
affirmatively furthers fair housing. It does so by prohibiting
discrimination in the sale, rental, and financing of dwellings, and in
other real estate-related transactions because of race, color, religion,
sex, familial status, national origin, or disability. One of the
requirements under the CDBG Program is that the City have a plan
that addresses those requirements. We currently have an Analysis of
Impediments to Fair Housing that was adopted in 2014.
On July 16, 2015, HUD published a new Affirmatively Furthering Fair
Housing (AFFH) rule. The AFFH rule requires local governments and
public housing authorities, States, and Insular Areas to perform an
Assessment of Fair Housing (AFH). Program participants have the
option of preparing an AFH on their own or collaborating with other
program participants to prepare a joint or regional submission. HUD
encourages collaboration for completion of the AFH so that program
participants are able to share resources and consider fair housing
issues from a broader perspective.
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The new process, which replaces the previously required Analysis of
Impediments to Fair Housing Choice (AI), requires each program
participant to, among other things:
• Analyze data and other information and engage the community in
fair housing planning;
• Conduct and submit to HUD an AFH that identifies, at a minimum,
certain types of fair housing issues in the jurisdiction and region;
• Identify and prioritize significant contributing factors for each fair
housing issue identified;
• Set fair housing goals for overcoming the effects of the prioritized
contributing factors, and related fair housing issues;
• Integrate the goals and priorities established in the AFH into
subsequent plans for the use of HUD funds (Consolidated Plans,
annual action plans, and PHA Plans) consistent with the statutory
requirements and goals governing such programs; and
• Certify that the program participant will take meaningful actions to
further the goals identified in its AFH and take no action that is
materially inconsistent with its obligation to affirmatively further fair
housing.
The funds for this effort were included in the 2018 Annual Action
Plan.
III. Recommended Action: Approve Resolution 2019-14 and authorize
the Mayor to sign the Interlocal Agreement Between the City of East
Wenatchee and the City of Wenatchee for Completion of a Regional
Assessment of Fair Housing (Exhibit A) and the Interlocal Agreement
for Assessment of Fair Housing Regional Collaboration among the
City of Wenatchee, the City of East Wenatchee, and the Housing
Authority of Chelan County and the City of Wenatchee (Exhibit B).
IV. Exhibits:
Resolution 2019-01 with Exhibit A an Interlocal Agreement Between
the City of East Wenatchee and the City of Wenatchee for
Completion of a Regional Assessment of Fair Housing and Exhibit B
an Interlocal Agreement for Assessment of Fair Housing Regional
Collaboration among the City of Wenatchee, the City of East
Wenatchee, and the Housing Authority of Chelan County and the City
of Wenatchee.
Financial Data:
Expenditure Required
Amount Budgeted
Appropriation Required
$10,000 $10,000 $0
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City of East Wenatchee Resolution 2019-14
Retain Resolution until no longer needed for City business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) Page 1 of 3
City of East Wenatchee, Washington
Resolution No. 2019-14
A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to sign an Interlocal Agreement Between the City of East Wenatchee and the City of Wenatchee for Completion of a Regional Assessment of Fair Housing and an Interlocal Agreement for Assessment of Fair Housing Regional Collaboration among the City of Wenatchee, the City of East Wenatchee, and the Housing Authority of Chelan County and the City of Wenatchee.
1.Alternate Format.
1.1. Para leer este documento en otro formato (español, Braille,leer en voz alta, etc.), póngase en contacto con el vendedor de la ciudad al alternateformat@east-wenatchee.com, al (509) 884-9515 o al 711 (TTY).
1.2. To read this document in an alternate format (Spanish, Braille, read aloud, etc.), please contact the City Clerk at alternateformat@east-wenatchee.com, at (509) 884-9515, or at 711 (TTY).
2.Authority.
2.1. RCW 35A.17.020 and RCW 35A.12.190 authorize the CityCouncil to organize and regulate its internal affairs and to define the powers, functions and duties of its officers and employees.
2.2. RCW 39.34.030 authorizes the City to enter into an agreement with another public agency joint or cooperative action. For an Interlocal Agreement to enter into force, the participating public agencies must take action by ordinance, resolution or otherwise pursuant to law of the governing bodies of the participating public agencies.
2.3. The Fair Housing Act, codified as Title VIII of the Civil Rights Act of 1968, 42 U.S.C. §§ 3601-3619, programs funded by the U.S. Department of Housing and Urban Development (HUD) affirmatively further fair housing. On July 16, 2015, HUD published a new Affirmatively Furthering Fair Housing (AFFH)
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City of East Wenatchee Resolution 2019-14
Retain Resolution until no longer needed for City business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) Page 2 of 3
rule, codified at 24 CFR Part 5. In the new AFFH, § 5.156 encourages program participants to collaborate to conduct and submit a single regional or joint assessment of fair housing (AFH) for the purpose of evaluating fair housing issues and contributing factors.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO RESOLVE AS FOLLOWS:
3.Interlocal Agreement 1. A true and correct copy of an InterlocalAgreement for Completion of a Regional Assessment of Fair Housingis attached as Exhibit A. This Agreement is between the City of EastWenatchee and the City of Wenatchee.
4.Interlocal Agreement 2. A true and correct copy of an InterlocalAgreement for Assessment of Fair Housing Regional Collaborationamong the City of Wenatchee, the City of East Wenatchee, and theHousing Authority of Chelan County and the City of Wenatchee forThe Assessment of Fair Housing is attached as Exhibit B. ThisAgreement is considered a memorandum of understanding asrequired by HUD.
5.Authorization. The City Council authorizes the Mayor to executethe Interlocal Agreements that conform to the language set forth inExhibit A and Exhibit B.
6.Recording.
6.1. Once the Interlocal Agreement in Exhibit A is signed by allnecessary parties, the City Council directs the City Clerk to file the signed original Interlocal Agreement with the Douglas County Auditor.
6.2. Once the City Clerk receives the recorded Interlocal Agreement back from the Douglas County Auditor, he or she must record on the face of the Interlocal Agreement where it will be physically located in the City’s files.
6.3. Once the City Clerk has recorded on the face of the Interlocal Agreement, he or she must post a copy of the Interlocal Agreement on the City’s website that contains the Douglas County Auditor’s recording information and the information about where it is physically located in the City’s files.
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City of East Wenatchee Resolution 2019-14
Retain Resolution until no longer needed for City business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) Page 3 of 3
7.Effective Date. This Resolution is effective immediately. TheInterlocal Agreement becomes effective once it has been filed by theDouglas County Auditor.
Passed by the City Council of East Wenatchee, at a regular meeting thereof on this _____ day of _______________, 2019.
CITY OF EAST WENATCHEE, WASHINGTON
By _________________________________ Steven C. Lacy, Mayor
ATTEST:
___________________________ Maria Holman, City Clerk
Approved as to form only:
___________________________ Devin Poulson, City Attorney
Filed with the City Clerk: __________ Passed by the City Council: __________ Effective Date: __________
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INTERLOCAL AGREEMENT FOR COMPLETION OF A REGIONAL
ASSESSMENT OF FAIR HOUSING
THIS INTERLOCAL AGREEMENT for the services of Community Development Block Grant
staff by and between the City of Wenatchee (City) and the City of East Wenatchee (East
Wenatchee) sometimes collectively referred to as “the Parties”.
I.RECITALS
WHEREAS, the obligation to Affirmatively Further Fair Housing (AFFH) has been in the Fair
Housing Act since 1968 and is a legal requirement that federal agencies and federal grantees
further the purposes of the Fair Housing Act, and
WHEREAS, the AFFH rule clarifies existing fair housing obligations with a streamlined process
to analyze the local fair housing landscape and set hair housing priorities and goals through an
Assessment of Fair Housing (AFH), and
WHEREAS, the Parties are federal grantees and must assess four fair housing issues identified
by the AFFH rule including:
Patterns of integration and segregation;
Racially or ethnically concentrated areas of poverty;
Disparities in access to opportunity; and
Disproportionate housing needs; and
WHEREAS, the Parties have signed a memorandum of understanding establishing a regional
collaboration including the Public Housing Authority of Chelan County and the City of
Wenatchee (HA) with which to complete the AFH, and
WHEREAS, East Wenatchee is identified as a supporting partner and does not currently have the
staff capacity to lead the AFH planning effort, and
WHEREAS, the City is identified as the lead partner for the regional collaboration and has the
capability of providing staff assistance to East Wenatchee to work on the AFH, and
WHEREAS, East Wenatchee is aware that no other similar resource is available to provide the
expertise needed in the creation of the AFH, and
WHEREAS, pursuant to CFR24.5.152 and 5.156, the Parties are encouraged to collaborate and
conduct and submit a single AFH for the purpose of sharing resources and addressing fair
housing issues from a broader perspective by evaluating fair housing issues and contributing
factors, and
NOW, THEREFORE, the parties hereby mutually agree to as follows:
Exhibit A
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II. AGREEMENT
1. Incorporation.
The recitals set forth above are hereby incorporated into this Agreement by this
reference and made a part hereof as though fully set forth herein.
2. Purpose and Score.
The purpose of this Agreement is to allow the City to enter into an Agreement to
accept reimbursement from East Wenatchee for services of a Community
Development Block Grant (CDBG) staff person who shall complete a scope of
work (attached) developed in partnership and agreed upon by the Parties related to
the regional collaboration for the AFH. In exchange for these services, the City
will bill East Wenatchee directly and be compensated by East Wenatchee as set
forth in the scope of work.
3. Termination and Modification
A. Effective Date/Term.
This Agreement shall take effect on the date of final signature, and terminate
September 30, 2020, unless otherwise modified or terminated.
B. Termination Notice.
Either of the Parties may terminate this Agreement upon five (5) days written
notice to the other Party of the Party’s intent to terminate this Agreement. The
terms of this section of the Agreement constitute the full and exclusive
remedies between the Parties in the event that either Party breaches the
Agreement; provided, however that the City shall be entitled to compensation
for services provided up to and including the date of termination.
4. Administration.
A. No separate legal or administrative entity is created by this Agreement.
B. The City shall manage its CDBG staff during the term of this Agreement
C. During the term of this Agreement and any renewal, any request for services
and concerns of East Wenatchee shall be communicated to the City by the
Community Development Director for East Wenatchee or their designee.
D. A total budget of $10,000 has been established for this Agreement. The City
shall provide East Wenatchee a written invoice by the eighth (8th) of the
following month for which work is completed in accordance with tasks
outlined in the scope of work. All staff time will be billed at an hourly rate
that a covers all direct and indirect expenses. East Wenatchee will reimburse
the City within thirty (30) days of receipt of invoice. If either Party identifies a
discrepancy between an invoice and this Agreement, said party must provide
notice within ten (10) days of the invoice being submitted for dispute.
E. If any invoice discrepancies are identified, East Wenatchee must notify the
City within ten (10) days of receipt.
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5.Federal Funds.
It is understood that this agreement is funded in with federal allocations as
administered by HUD and is subject to those regulations and restrictions normally
associated with federally-funded programs.
6.Independent Contractor.
The City and East Wenatchee agree that the City is an independent contractor
with respect to services provided to this Agreement. Nothing in this Agreement
shall be considered to create a relationship of employer and employee between the
Parties hereto. Neither the City nor any employee of the City shall be entitled to
any benefits afforded to East Wenatchee employees by virtue of the assistance
provided under the Agreement. East Wenatchee shall not be responsible for
withholding or otherwise deducting federal income tax or social security or for
contributing to the State Industrial Insurance program or otherwise assuming the
duties of an employer with respect to the City, or any employees of the City.
7.Mutual Indemnification.
The Parties agree to hold harmless, indemnify and defend each other and the
officers, agents and employees of the other Party from and against any and all
claims, losses or liability for injuries, sickness or death of persons, including
employees of the other Party, or damage to property, arising out of any willful
misconduct or negligent act, error, or omission of either Party, its agents, officers,
contractors, employees, or consultants incurred in connection with the services of
this Agreement, provided, however, that each Party’s obligations to indemnify,
defend and hold harmless shall not extend to injuries, sickness, death, or damage
caused by or resulting from the sole willful misconduct or sole negligence of the
said party, its agents, officers, or employees; and each Party’s obligation to
indemnify, defend and hold harmless for injuries, sickness, death, or damage
caused by or resulting from the concurrent negligence or willful misconduct of the
Parties, shall apply only to the extent of the negligence or willful misconduct of
each Party.
8.Severability.
In the event any provisions of this Agreement shall be determined to be
unenforceable or otherwise invalid for any reason, such provisions shall be
enforced and valid to the extent permitted by law. All provisions of this
Agreement are severable and the unenforceability or invalidity of a single
provision herein shall not affect the remaining provisions.
9.Governing Law and Venue.
This Agreement shall be governed by the laws of the State of Washington and
venue for any lawsuit shall be in Chelan County Superior Court.
10.Attorney’s Fees.
In the event it is necessary for either of the Parties to utilize the services of an
attorney to enforce any of the terms of this Agreement, neither Party shall be
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entitled to compensation for its reasonable attorney’s fees and costs, regardless of
the outcome of any litigation or regardless of who the substantially prevailing
Party shall be, i.e., each Party shall bear its own attorney’s fees and costs incurred
therein.
11. Waiver of Breach.
The waiver of either Party by the breach of any provision in this Agreement by
the other Party must be in writing and shall not operate nor be construed as a
waiver of any other breach by such other Party.
12. Savings Clause.
Nothing in this Agreement shall be construed so as to require the commission of
any acts contrary to law, wherever there is any conflict between any provisions of
this Agreement and any statute, law, public regulation or ordinance, the latter
shall prevail, but in such event, the provisions of this Agreement affected shall be
curtailed and limited only to the extent necessary to bring it within legal
requirements.
13. Filing.
This Agreement shall be filed with the Chelan County Auditor’s Office or,
alternatively, listed by subject on either Party’s public web site pursuant to RCW
39.34.040.
14. Interpretation.
This Agreement has been submitted to the scrutiny of the Parties and their
counsel, if desired, and it shall be given a fair and reasonable interpretation in
accordance with its words, without consideration to or weight given to its being
drafted by any Party or its counsel. All words used in the singular shall include
the plural, and the present tense shall include the future tense; and the gender shall
include the feminine, masculine and neuter genders.
15. Notices.
Notices between the Parties shall be effective if personally served upon the other
Party or mailed by registered or certified mail, return receipt requested, to the
following addresses:
City of Wenatchee
Attn: Brooklyn Holton, Housing and Community Planner
1350 McKittrick Street, Suite A
Wenatchee, WA 98801
City of East Wenatchee
Attn: Lori Barnett, Community Development Director
271 – 9th Street NE
East Wenatchee, WA 98802
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Notices mailed shall be deemed given on the date of mailing. The Parties shall
notify each other in writing of any change of address.
16. Access to Records.
The Parties and other authorized representatives of the Parties, including the State
and Federal governments, shall have access to any books, documents, papers and
record of the other Party which are pertinent to this Agreement for the purposes of
making audits, examinations, and transcriptions. The City shall maintain all such
records pertinent to the performance of this Agreement or a period of four years
after final payment and all other pending matters are closed. East Wenatchee must
retain for its purposes, any records regarding the performance of this Agreement
that it deems necessary for whatever reasons.
17. Civil Rights.
The Parties agree to comply with local and state civil rights ordinances and with
Title VI of the Civil Rights Ace of 1964 as amended, Title VIII of the Civil
Rights Ace of 1968 as amended, Section 104(b) and Section 109 of Title I of the
Housing and Community Development Act of 1974 as amended, Section 504 of
the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the
Age Discrimination Act of 1975, Executive Order 11063 and Executive Order
11246 as amended by Executive Orders 11375, 11478, 12107, and 12086.
The Parties agree to comply with the non-discrimination in employment and
contracting opportunities laws, regulations, and executive orders reference in 24
CFR 570.607, as revised by Executive Order 13279. The applicable non-
discrimination provisions in Section 109 of the HCDA are still applicable.
18. “Section 3” Compliance.
The work to be performed under this Agreement is a project assisted under a
program providing direct Federal financial assistance from HUD and is subject to
the requirements of Section 3 of the Housing and Urban Development Act of
1968, as amended (12 U.S.C. 1701). Section 3 required that to the greatest extent
feasible opportunities for training and employment be given to low- and very low-
income residents of the project area, and that contracts for work in connection
with the project be awarded to business concerns that provide economic
opportunities for low- and very low-income persons residing in the metropolitan
area in which the project is located.
Compliance with provisions of Section 3 of the HUD Act of 1968, as amended,
and as implemented by the regulations set forth in 24 CFR 135, and all applicable
rule and orders issued hereunder prior to the execution of this Agreement, shall be
a condition of the Federal financial assistance provided under this Agreement.
The Parties certify and agree that no contractual or other legal incapacity exists
that would prevent compliance with these requirements.
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19.Copyright.
No reports, drawings or other documents or things produced in whole or in part
under this Agreement shall be the subject of an application for copyright by or on
behalf of the Parties.
20.Entire Agreement.
This Agreement constitutes the entire and integrated agreement between the City
and East Wenatchee and supersedes all prior negotiations, representations or
agreements, either written or oral.
IN WITNESS WHEREOF, the Parties hereto have set their hands and seals this __________ day
of ____________________, 2019.
CITY OF EAST WENATCHEE
_____________________________
STEVEN C. LACY, MAYOR
STATE OF WASHINGTON )
)ss.
County of Chelan )
On this __________ day of ____________________, 2019 before me, the undersigned, a notary
public in and for the State of Washington, duly commissioned and sworn, personally appeared
Lori Barnett to me known to be the individual described in and who executed the within and
foregoing agreement, and acknowledged to me that the same as the free and voluntary act and
deed of such party, for the uses and purposes therein mentioned.
GIVEN under my hand and official seal hereto affixed the day and year first above written.
_______________________________________
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Notary Public in and for the State
of Washington residing in _______________
My commission expires on ______________
CITY OF WENATCHEE
_____________________________
FRANK KUNTZ, MAYOR
STATE OF WASHINGTON )
)ss.
County of Chelan )
On this __________ day of ____________________, 2019 before me, the undersigned, a notary
public in and for the State of Washington, duly commissioned and sworn, personally appeared
Frank Kuntz to me known to be the individual described in and who executed the within and
foregoing agreement, and acknowledged to me that the same as the free and voluntary act and
deed of such party, for the uses and purposes therein mentioned.
GIVEN under my hand and official seal hereto affixed the day and year first above written.
_______________________________________
Notary Public in and for the State
of Washington residing in _______________
My commission expires on ______________
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SCOPE OF WORK
REGIONAL ASSESSMENT OF FAIR HOUSING
The regional Assessment of Fair Housing (AFH) will provide inclusive community participation
resulting in the setting of fair housing goals and priorities to increase fair housing choice and
provide equal access to opportunity for all community members. These goals and priorities will
inform the investments and other decisions made in local planning processes. All work shall be
completed by February 1, 2020.
PROJECT AREA: Chelan County and the City of East Wenatchee Urban Growth Area
PROJECT TASKS: The final AFH will include analysis, assessment, prioritization and goal
setting. These will be informed by meaningful community participation and reasonable
opportunities for the public to be involved in the development of the AFH and incorporation of
the AFH into the Parties’ respective required plans.
1. ANALYSIS
a. Integration and segregation patterns and trends based on race, color, religion, sex,
familial status, national origin and disability in the jurisdiction and region;
b. Racially or ethnically concentrated areas of poverty (R/ECAPs) in the jurisdiction
and region;
c. Significant disparities in access to opportunity for any protected class in the
jurisdiction and region; and
d. Disproportionate housing needs for any protected class within the jurisdiction and
region.
2. Discussion of fair housing issues related to publicly supported housing disability and
access; and fair housing enforcement, outreach capacity, and resources.
3. Identify significant contributing factors for segregation, R/ECAPs, disparities in access to
opportunity, and disproportionate housing needs, including the significant contributing
factors that are related to publicly supported housing, disability and access issues, and
fair housing enforcement, outreach capacity, and resources.
4. Prioritize the contributing factors identified for each fair housing issue and a justification
for the prioritization. In prioritizing such a factors, program participants shall give highest
priority to those factors that limit or deny fair housing choice of access to opportunity, or
negatively impact fair housing or civil rights compliance.
5. Identity fair housing goals that each program participant will use to, overcome the effect
of the prioritized contributing factors and related fair housing issues, including a
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description of how the goals related to overcoming the contributing factor(s) and related
fair housing issue(s). Each goal also will include an identification of the metrics and
milestones for determining what fair housing results will be achieved and the timeframes
for achieving them. Specification of responsibility by each Party will be provided for
each goal.
PARTY RESPONSIBILITIES: The Parties will be accountable for any application analysis
and applicable joint goals and priorities to be included in the submitted AFH. The Parties will
also be accountable for their individual analysis, goals and priorities to be included in their
respective submitted AFH.
The final deliverable is a Regional Assessment of Fair Housing. The responsibilities of the
Parties are as follows:
- The Parties
o Support community outreach efforts and engagement sessions
o Contribute all relative, local data related to fair housing opportunities and barriers
o Review draft and final versions of regional AFH sections
o Develop individual goals and priorities for the regional AFH
o Submit the AFH to HUD individually under respective program requirements
- The City
o Provide collaboration oversight
o Coordinate community outreach efforts and engagement sessions
o Develop and finalize the regional AFH in accordance with the “Project Tasks” as
outlined above
COSTS AND PROFESSIONAL FEES
Expenses will include staff time, staff benefits and overhead costs based on the City’s fiscal year
2019 indirect cost rate of 2.4 (1.4 as the multiplier) and may include goods and services related
to providing meaningful community participation and involvement.
Staff time will be billed at an hourly rate of (including indirect costs): $78.80
Goods and services will be billed for direct costs as identified on an invoice or receipt.
Total expenses are not to exceed $10,000
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INTERLOCAL AGREEMENT FOR ASSESSMENT OF FAIR HOUSING REGIONAL
COLLABORATION
AMONG
City of Wenatchee
AND
City of East Wenatchee
AND
Public Housing Authority of Chelan County and the City of Wenatchee
FOR
THE ASSESSMENT OF FAIR HOUSING (AFH)
THIS INTERLOCAL AGREEMENT, entered this _____ day of __________, 2019 by and
among the City of Wenatchee (herein called “the Lead”), City of East Wenatchee (herein called
“the City”), and Housing Authority of Chelan County and the City of Wenatchee (herein called
“the HA”) (collectively referred to as “Program Participants”).
WHEREAS, the Lead extended the consolidated plan and adjusted the program year timeline to
best align with the City and the HA in order to complete a regional AFH.
WHEREAS, the Lead is a consolidated plan program participant with a program year start date
of October 1. The Lead’s current consolidated plan, covers 2013-2019 and the Lead’s next 5-
year consolidated plan will begin in 2020.
WHEREAS, the City, is a consolidated plan program participant with a program year start date
of October 1. The City’s current consolidated plan covers 2015-2019 and the City’s next 5-year
consolidated plan will begin in 2020.
WEREAS, the HA is a public housing authority (PHA) with a fiscal year beginning date of
October 1. The HA’s next 5-year PHA plan will begin in 2020.
WHEREAS, the Program Participants are subject to the affirmatively furthering fair housing
requirements found at 24 CFR §§ 5.150 through 5.180 and required to submit an AFH;
WHEREAS, the Program Participants wish to collaborate to submit a regional AFH;
NOW, THEREFORE, it is agreed between the Program Participants hereto that:
Exhibit B
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PROGRAM YEAR/FISCAL YEAR ALIGNMENT
Program Participants will, to the extent practicable, align their program years in accordance with
their respective CFR’s; 24 CFR 91.10 for the Lead and the City and 24 CFR Part 903 for the HA.
If alignment of program years or fiscal year is not possible, the AFH will be submitted in
accordance with the Lead’s consolidated plan program year start date.
The Lead’s program year begins on October 1, 2020.
PURPOSE
The Recitals set forth above are hereby incorporated into this Agreement by this reference as the
purpose of this Agreement.
CONSOLIDATED PLANNING/PHA PLANNING CYCLE ALIGNMENT
Program Participants will, to the extent practicable, align their consolidated planning cycles in
accordance with their respective CFR’s; 24 CFR part 91, for the Lead and the City, and 24 CFR
Part 903 for the HA. If alignment of consolidated planning cycles and the HA planning cycle is
not possible, the AFH will be submitted in accordance with the Lead’s consolidated plan cycle.
The Lead’s consolidated planning cycle begins on October 1, 2020.
ROLES/RESPONSIBILTIES OF PROGRAM PARTICIPANTS
Program Participants will be accountable for any applicable analysis and applicable joint goals
and priorities to be included in the submitted AFH. Program Participants will also be accountable
for their individual analysis, goals and priorities to be included in the submitted AFH.
Program Participants will divide the completion of the AFH. The roles and responsibilities of the
Program Participants are as follows:
All Program Participants:
Support community outreach efforts and engagement sessions
Contribute all relative local data related to housing
Review draft and final versions of regional AFH sections
Develop individual goals and priorities for the regional AFH
Submit the AFH to HUD individually under respective program requirements
The Lead – City of Wenatchee
Provide collaboration oversight of the Program Participants
Coordinate community outreach efforts and engagement sessions
Develop and finalize the regional AFH
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DURATION OF AGREEMENT
This Agreement shall take effect on the date of final signature and recording/posting
requirements of RCW 39.34.040 and terminate ___________, 2020, unless otherwise modified
or terminated. All Program Participants may withdraw from this Agreement upon five (5) days
written notice to the other Program Participants. Any withdrawing Program Participant(s) must
promptly notify HUD of its withdrawal from the Agreement.
NO SEPARATE ENTITY CREATED
No separate legal or administrative entity is created by this Agreement.
FINANCING
Each Party shall pay their own costs related to their obligations under this Agreement. Separate
interlocal agreements will be reached for cost sharing of specific tasks. There is no budget
related to this Agreement.
FILING
This Agreement shall be filed with the Chelan or Douglas County Auditor’s office or listed on at
least one of the Parties respective public web site pursuant to RCW 39.34.040.
SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be
affected thereby and all other parts of this Agreement shall nevertheless be in full force and
effect.
SECTION HEADINGS AND SUBHEADINGS
The section headings and subheadings contained in this Agreement are included for convenience
only and shall not limit or otherwise affect the terms of this Agreement.
WAIVER
A Program Participant’s failure to act with respect to a breach by another Program Participant
does not waive its right to act with respect to subsequent or similar breaches. The failure of the
Program Participant to exercise or enforce any right or provision shall not constitute a waiver of
such right or provision.
ENTIRE AGREEMENT
This Agreement between the Program Participants for the submission of the 2020 AFH,
supersedes al prior or contemporaneous communications and proposals, whether electronic, oral,
or written between the Program Participants with respect to this Agreement. B y way of signing
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this Agreement, the Program Participants are bound to perform the agreements within this
Agreement. Any amendment to this Agreement must be signed by all Program Participants and
submitted to HUD.
Date ____________________
IN WITNESS WHEREOF, the Program Participants have executed this contract as of the date
first written above.
City of Wenatchee City of East Wenatchee
By _________________________ By _________________________
Title ________________________ Title: _______________________
Housing Authority of Chelan County and the City of Wenatchee
By _________________________
Title ________________________
Attest ______________________________
WENATCHEE CITY CLERK
Countersigned: ______________________________ By ______________________________
FINANCE DIRECTOR
Title ______________________________
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
Fed. I. D. # 91-6001291
CDBG Grant # B-19-MC-53-0021
__________________________
WENATCHEE CITY ATTORNEY
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CITY OF EAST WENATCHEE
COUNCIL AGENDA BILL
To: Mayor and Council.
From/Presenter: Lori Barnett, Community Development Director
Subject: Subrecipient Agreement between the City and the Housing
Authority for rehabilitation at Heritage Glen Apartments
Date: July 2, 2019
I. Summary Title: Subrecipient Agreement Between the City of East
Wenatchee and the Housing Authority of Chelan County and the City
of Wenatchee for rehabilitation and conversion of seasonal housing
units to year-round use at Heritage Glen Apartments.
II. Background/History: The City of East Wenatchee annually receives
CDBG funds from the U.S. Department of Housing and Urban
Development (HUD). Each year, the city adopts an annual action plan
listing the projects or programs that will be funded.
In the 2018 Annual Action Plan the Council took action to allocate
$69,300 to the Housing Authority of Chelan County and the City of
East Wenatchee to convert 18 seasonal housing units at Heritage
Glen, 665 3rd St. NE, East Wenatchee, to year-round units.
The project will result in 16 one-bedroom apartments and 2 two-
bedroom apartments for year-round use for eligible farmworkers. The
project includes unit rehabilitation purchase and installation of
bathroom cabinets, flooring replacement, construction of closets,
replacement of kitchen countertops, replacement of fixtures,
replacement of doors, replacement of coin-operated laundry
equipment, and removal of bunks and tables.
III. Recommended Action: Approve the Mayor’s signature on the
Subrecipient Agreement Between the City of East Wenatchee and
the Housing Authority of Chelan County and the City of Wenatchee
for rehabilitation and conversion of seasonal housing units to year-
round use at Heritage Glen Apartments.
IV. Exhibits:
Subrecipient Agreement Between the City of East Wenatchee and
the Housing Authority of Chelan County and the City of Wenatchee
for Rehabilitation and Conversion of Seasonal Housing Units to Year-
Round Use at Heritage Glen Apartments.
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Financial Data:
Expenditure Required
Amount Budgeted
Appropriation Required
$69,300 $69,300 $0
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SUBRECIPIENT AGREEMENT BETWEEN
THE CITY OF EAST WENATCHEE AND THE HOUSING AUTHORITY OF
CHELAN COUNTY AND THE CITY OF WENATCHEE
FOR REHABILITATION AND CONVERSION OF SEASONAL HOUSING
UNITS TO YEAR-ROUND USE AT HERITAGE GLEN APARTMENTS
THIS AGREEMENT, is made and entered into this _____ day of __________, 20____ between the City of East Wenatchee (“Grantee”) and Housing Authority of Chelan County and the City of Wenatchee (“Subrecipient”).
RECITALS
WHEREAS, the Grantee has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, as amended (HCD Act), Public Law 93-383;
WHEREAS, the 2018 Annual Action Plan prepared and adopted by the Grantee allocated funds for rehabilitation and conversion of seasonal housing units to year-round use at Heritage Glen Apartments located at 665 3rd St. NE, East Wenatchee, WA; and
WHEREAS, the Grantee wishes to engage the Subrecipient to assist the Grantee in utilizing CDBG funds;
NOW, THEREFORE, it is agreed between the parties hereto that;
I. SCOPE OF SERVICE
A. Activities
The Subrecipient will be responsible for administering a CDBG 2018 grant for a rehabilitation project for the Heritage Glen Apartments in a manner satisfactory to the Grantee and consistent with any and all applicable Federal, state, and local rules and regulations as a condition of providing these funds. Such program will include the following activities eligible under the Community Development Block Grant program:
Program Delivery
Activity #1: Rehabilitation of 18 seasonal dwelling units at Heritage Glen Apartments to convert them to year-round rentals for qualifying low-income tenants. The apartment complex is publicly owned multifamily project that is part of the community’s permanent housing stock. The rehabilitation activities include, but are not limited to, purchase and installation of bathroom cabinets, flooring replacement, construction of closets, replacement of kitchen countertops, replacement of fixtures, replacement of doors, replacement of coin-operated laundry equipment, and removal of bunks and tables.
B. National Objectives
All activities funded with CDBG funds must meet one of the CDBG program’s National Objectives: benefit low- and moderate-income persons; aid in the
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prevention or elimination of slums or blight; or meet community development needs having a particular urgency, as defined in 24 CFR 570.208.
The Subrecipient certifies that the activities carried out under this Agreement will meet the following National Objective:
The proposed project is an eligible activity under CDBG Matrix Code 14B and qualifies as a Low/Mod Housing (LMH) project since only low- and moderate-income persons will be eligible for occupancy of the rehabilitated dwelling units.
C. Levels of Accomplishment – Goals and Performance Measures
The Subrecipient agrees to provide the following minimum levels of program services:
Activity Total Units/Year Rehabilitation 18
The unit of measurement is the number of East Wenatchee low- and
moderate- income dwelling units rehabilitated.
D. Staffing
The Subrecipient must commit to staffing for the CDBG Program:
Any procurement of professional service contracts must meet the requirements of federal, state, and local laws, and this contract.
E. Performance Monitoring
The Grantee will monitor the performance of the Subrecipient against goals and performance standards as stated above. Substandard performance as determined by the Grantee will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time after being notified by the Grantee, contract suspension or termination procedures will be initiated.
II. TIME OF PERFORMANCE
Services of the Subrecipient must start on July 2, 2019 and end on the September 30, 2019. The term of this Agreement and the provisions herein must be extended to cover any additional time period during which the Subrecipient remains in control of CDBG funds or other CDBG assets.
III. BUDGET
Line Item Amount Rehabilitation and conversion of unites $69,300
TOTAL $69,300
In addition, the Grantee may require a more detailed budget breakdown than the one contained herein, and the Subrecipient must provide such supplementary budget information in a timely fashion in the form and content
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prescribed by the Grantee. Any amendments to the budget must be approved in writing by both the Grantee and the Subrecipient.
IV. PAYMENT
It is expressly agreed and understood that the total amount to be paid by the Grantee under this Agreement shall not exceed $69,300. Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in Paragraph III herein and in accordance with performance. If applicable, expenses for general administration shall also be paid against the line item budgets specified in Paragraph III and in accordance with performance.
Reimbursement under this Agreement will be based on billings, supported by appropriate documentation of costs actually incurred. It is expressly understood that claims for reimbursement will not be submitted in excess of actual, immediate cash requirements necessary to carry out the purposes of the agreement. Funds available under this Agreement will be utilized to supplement rather than supplant funds otherwise available.
It is understood that this Agreement is funded in whole with CDBG funds through the Grantee’s CDBG Program and is subject to those regulations and restrictions normally associated with federally funded programs.
Payments may be contingent upon certification of the Subrecipient’s financial management system in accordance with the standards specified in 24 CFR 84.21.
V. NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice.
Communication and details concerning this contract shall be directed to the following contract representatives:
Grantee Lori Barnett Community Development Director East Wenatchee City Hall 271 9th St. NE East Wenatchee, WA 98802 Phone: 509-884-5396 Fax: 509-884-6233 E-mail: lbarnett@east-wenatchee.com
Subrecipient Alicia McRae Executive Director 1555 S. Methow Street Wenatchee, WA 98801 Phone: 509-663-7421 Fax: 509-663-4761 E-mail: alicia@ccwha.com
VI. SPECIAL CONDITIONS
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Venue and Law Unless preempted by federal law, the laws of the State of Washington govern the interpretation, construction, and enforcement of this Agreement. The venue for any dispute regarding the terms of this Agreement is Douglas County Superior Court. In the event of a lawsuit between the parties to this Agreement, the substantially prevailing party shall be entitled to recover judgment against the other party for reasonable attorney’s fees and other costs either at trial or on appeal.
VII. GENERAL CONDITIONS
A. General Compliance
The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)) including subpart K of these regulations, except that (1) the Subrecipient does not assume the recipient’s environmental responsibilities described in 24 CFR 570.604 and (2) the Subrecipient does not assume the recipient’s responsibility for initiating the review process under the provisions of 24 CFR Part 52. The Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The Subrecipient further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available.
B. “Independent Contractor”
Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Subrecipient shall at all times remain an “independent contractor” with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers’ Compensation Insurance, as the Subrecipient is an independent contractor.
C. Hold Harmless
The Subrecipient shall hold harmless, defend and indemnify the Grantee from any and all claims, actions, suits, charges and judgments whatsoever that arise out of the Subrecipient’s performance or nonperformance of the services or subject matter called for in this Agreement.
D. Workers’ Compensation
The Subrecipient shall provide Workers’ Compensation Insurance coverage for all of its employees involved in the performance of this Agreement.
E. Insurance & Bonding
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The Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the Grantee.
The Subrecipient shall comply with the bonding and insurance requirements of 24 CFR 84.31 and 84.48, Bonding and Insurance.
F. Grantee Recognition
The Subrecipient shall insure recognition of the role of the Grantee in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, the Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement.
G. Amendments
The Grantee or Subrecipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee’s governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or Subrecipient from its obligations under this Agreement.
The Grantee may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and Subrecipient.
H. Suspension or Termination
In accordance with 24 CFR 85.43, the Grantee may suspend or terminate this Agreement if the Subrecipient materially fails to comply with any terms of this Agreement, which include (but are not limited to) the following:
1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time;
2. Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement;
3. Ineffective or improper use of funds provided under this Agreement; or
4. Submission by the Subrecipient to the Grantee reports that are incorrect or incomplete in any material respect.
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In accordance with 24 CFR 85.44, this Agreement may also be terminated for convenience by either the Grantee or the Subrecipient, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety.
VIII. ADMINISTRATIVE REQUIREMENTS
A. Financial Management
1. Accounting Standards
The Subrecipient agrees to comply with 24 CFR 84.21−28 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred.
2. Cost Principles
The Subrecipient shall administer its program in conformance with OMB Circulars A-87, “Cost Principles for State and Local Governments”. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis.
B. Documentation and Record Keeping
1. Records to be Maintained
The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506, that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to:
a. Records providing a full description of each activity undertaken;
b. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program;
c. Records required to determine the eligibility of activities;
d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance;
e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program;
f. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21−28; and
g. Other records necessary to document compliance with Subpart K of 24 CFR Part 570.
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2. Retention
The Subrecipient shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a period of four (4) years. The retention period begins on the date of the submission of the Grantee’s annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the four-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the four-year period, whichever occurs later.
3. Client Data
The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to Grantee Monitors or their designees for review upon request.
4. Disclosure
The Subrecipient understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the Grantee’s or Subrecipient’s responsibilities with respect to services provided under this contract, is prohibited by the Public Records Act as set forth in Chapter 42.56 RCW unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian.
5. Close-outs
The Subrecipient’s obligation to the Grantee shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the Grantee), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the Subrecipient has control over CDBG funds, including program income.
6. Audits & Inspections
All Subrecipient records with respect to any matters covered by this Agreement shall be made available to the Grantee, grantor agency, and the Comptroller General of the United States or any of their authorized
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representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within 30 days after receipt by the Subrecipient. Failure of the Subrecipient to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current Grantee policy concerning subrecipient audits and OMB Circular A-133.
C. Reporting and Payment Procedures
1. Program Income
Any program income derived from this Homeownership program shall be retained by the Subrecipient. The use of program income by the Subrecipient shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, the Subrecipient may use such income during the contract period for activities permitted under this contract.
2. Indirect Costs
No indirect costs shall be charged to this program.
3. Payment Procedures
The Grantee will pay to the Subrecipient funds available under this Agreement based upon information submitted by the Subrecipient and consistent with any approved budget and Grantee policy concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by the Subrecipient, and not to exceed actual cash requirements. Payments will be adjusted by the Grantee in accordance with advance fund and program income balances available in Subrecipient accounts. In addition, the Grantee reserves the right to liquidate funds available under this contract for costs incurred by the Grantee on behalf of the Subrecipient.
4. Progress Reports
The Subrecipient shall submit regular Progress Reports to the Grantee in the form, content, and frequency as required by the Grantee.
D. Procurement
1. Compliance
The Subrecipient shall comply with current Grantee policy concerning the purchase of equipment and shall maintain inventory records of all non-expendable personal property as defined by such policy as may be procured with funds provided herein. All program assets (unexpended
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program income, property, equipment, etc.) shall revert to the Grantee upon termination of this Agreement.
2. OMB Standards
Unless specified otherwise within this agreement, the Subrecipient shall procure all materials, property, or services in accordance with the requirements of 24 CFR 84.40−48.
3. Travel
The Subrecipient is not authorized to charge travel expenses under this Agreement.
E. Use and Reversion of Assets
The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFR 570.502, 570.503, and 570.504, as applicable, which include but are not limited to the following:
1. The Subrecipient shall transfer to the Grantee any CDBG funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination.
2. Real property under the Subrecipient’s control that was acquired or improved, in whole or in part, with funds under this Agreement in excess of $25,000 shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until ten (10) years after expiration of this Agreement. If the Subrecipient fails to use CDBG-assisted real property in a manner that meets a CDBG National Objective for the prescribed period of time, the Subrecipient shall pay the Grantee an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Such payment shall constitute program income to the Grantee. The Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the ten-year period.
3. In all cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds shall be program income (prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment). Equipment not needed by the Subrecipient for activities under this Agreement shall be (a) transferred to the Grantee for the CDBG program or (b) retained after compensating the Grantee [an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment].
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IX. RELOCATION, REAL PROPERTY ACQUISITION AND ONE-FOR-ONE
HOUSING REPLACEMENT
The Subrecipient agrees to comply with (a) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); (b) the requirements of 24 CFR 570.606(c) governing the Residential Anti-displacement and Relocation Assistance Plan under section 104(d) of the HCD Act; and (c) the requirements in 24 CFR 570.606(d) governing optional relocation policies. The Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b) (2) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-assisted project. The Subrecipient also agrees to comply with applicable Grantee ordinances, resolutions and policies concerning the displacement of persons from their residences.
X. PERSONNEL & PARTICIPANT CONDITIONS
A. Civil Rights
1. Compliance
The Subrecipient agrees to comply with local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086.
2. Nondiscrimination
The Subrecipient agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable.
3. Land Covenants
This contract is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P. L. 88-352) and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this contract, the Subrecipient shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the Grantee and the United States are beneficiaries of and entitled to enforce such covenants. The Subrecipient, in undertaking its
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obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate.
4. Section 504
The Subrecipient agrees to comply with all Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against the individuals with disabilities or handicaps in any Federally assisted program. The Grantee shall provide the Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement.
B. Affirmative Action
1. Approved Plan
The Subrecipient agrees that it shall be committed to carry out pursuant to the Grantee’s specifications an Affirmative Action Program in keeping with the principles as provided in President’s Executive Order 11246 of September 24, 1966. The Grantee shall provide Affirmative Action guidelines to the Subrecipient to assist in the formulation of such program. The Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to the award of funds.
2. Women- and Minority-Owned Businesses (W/MBE)
The Subrecipient will use its best efforts to afford small businesses, minority business enterprises, and women’s business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms “small business” means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and “minority and women’s business enterprise” means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, “minority group members” are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. The Subrecipient may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation.
3. Access to Records
The Subrecipient shall furnish and cause each of its own subrecipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by the Grantee, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein.
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4. Notifications
The Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or worker’s representative of the Subrecipient’s commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
5. Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement
The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer.
6. Subcontract Provisions
The Subrecipient will include the provisions of Paragraphs X.A, Civil Rights, and B, Affirmative Action, in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its own subrecipients or subcontractors.
C. Employment Restrictions
1. Prohibited Activity
The Subrecipient is prohibited from using funds provided herein or personnel employed in the administration of the program for: political activities; inherently religious activities; lobbying; political patronage; and nepotism activities.
2. Labor Standards
The Subrecipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The Subrecipient agrees to comply with the Copeland Anti-Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The Subrecipient shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the Grantee for review upon request.
The Subrecipient agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part with
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assistance provided under this contract, shall comply with Federal requirements adopted by the Grantee pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the Subrecipient of its obligation, if any, to require payment of the higher wage. The Subrecipient shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph.
3. “Section 3” Clause
a. Compliance
Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the Grantee, the Subrecipient and any of the Subrecipient’s subrecipients and subcontractors. Failure to fulfill these requirements shall subject the Grantee, the Subrecipient and any of the Subrecipient’s subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The Subrecipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements.
The Subrecipient further agrees to comply with these “Section 3” requirements and to include the following language in all subcontracts executed under this Agreement:
“The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-
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income persons residing in the metropolitan area in which the project is located.”
The Subrecipient further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs.
The Subrecipient certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements.
b. Notifications
The Subrecipient agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker’s representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training.
c. Subcontracts
The Subrecipient will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the tract upon a finding that the subcontractor is in violation of regulations issued by the grantor agency. The Subrecipient will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has
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first provided it with a preliminary statement of ability to comply with the requirements of these regulations.
D. Conduct
1. Assignability
The Subrecipient shall not assign or transfer any interest in this Agreement without the prior written consent of the Grantee thereto; provided, however, that claims for money due or to become due to the Subrecipient from the Grantee under this contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Grantee.
2. Subcontracts
a. Approvals
The Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this contract without the written consent of the Grantee prior to the execution of such agreement.
b. Monitoring
The Subrecipient will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance.
c. Content
The Subrecipient shall cause all of the provisions of this contract in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement.
d. Selection Process
The Subrecipient shall undertake to insure that all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis in accordance with applicable procurement requirements. Executed copies of all subcontracts shall be forwarded to the Grantee along with documentation concerning the selection process.
3. Hatch Act
The Subrecipient agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C.
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4. Conflict of Interest
The Subrecipient agrees to abide by the provisions of 24 CFR 84.42 and 570.611, which include (but are not limited to) the following:
a. The Subrecipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds.
b. No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved.
c. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a “covered person” includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the Grantee, the Subrecipient, or any designated public agency.
5. Lobbying
The Subrecipient hereby certifies that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, 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 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;
b. 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
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agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions; and
c. It will require that the language of paragraph (d) of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly:
d. Lobbying Certification
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
6. Copyright
If this contract results in any copyrightable material or inventions, the Grantee and/or grantor agency reserves the right to royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for governmental purposes.
7. Religious Activities
The Subrecipient agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.200(j), such as worship, religious instruction, or proselytization.
XI. ENVIRONMENTAL CONDITIONS
A. Air and Water
The Subrecipient agrees to comply with the following requirements insofar as they apply to the performance of this Agreement:
- Clean Air Act, 42 U.S.C. , 7401, et seq.;
- Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251,
et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in
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said Section 114 and Section 308, and all regulations and guidelines issued thereunder;
- Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended.
B. Flood Disaster Protection
In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation).
C. Lead-Based Paint
The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608, and 24 CFR Part 35, Subpart B. Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted.
D. Historic Preservation
The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement.
In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, state, or local historic property list.
XII. SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.
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XIII. SECTION HEADINGS AND SUBHEADINGS
The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
XIV. WAIVER
The Grantee’s failure to act with respect to a breach by the Subrecipient does not waive its right to act with respect to subsequent or similar breaches. The failure of the Grantee to exercise or enforce any right or provision shall not constitute a waiver of such right or provision.
XV. ENTIRE AGREEMENT
This agreement constitutes the entire agreement between the Grantee and the Subrecipient for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the Grantee and the Subrecipient with respect to this Agreement.
IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written above.
Grantee
City of East Wenatchee
Subrecipient
Housing Authority of Chelan County and the City of Wenatchee
By By
Steven C. Lacy, Mayor Board President
Attest
Maria Holman, City Clerk Federal I.D. # 91-1157595
Approved as to form DUNS# 139402507
Devin Poulson, City Attorney
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CITY OF EAST WENATCHEE
COUNCIL AGENDA BILL
To: Mayor and Council
From/Presenter: Lori Barnett, Community Development Director
Subject: Subrecipient agreement with the Columbia Valley Housing
Association for a CDBG Direct Homeownership Assistance Program.
Date: July 2, 2019
I. Summary Title: Agreement Between City of East Wenatchee and
Columbia Valley Housing Association for East Wenatchee CDBG
Direct Homeownership Assistance Program
II. Background/History: The 2018 CDBG Annual Action Plan allocated
$53,469 in 2018 Program Year funds for a direct homeowner down
payment assistance program. There are also additional funds left
over from 2014 and 2017, total amount $21,082, that will be used for
the same program. However, it is necessary to amend the 2014 and
2017 Annual Action Plans before those funds can be utilized. As
such, those funds are not included in the Agreement.
CDBG guidelines permit a Grantee (the City) to contract with an
eligible non-profit or public housing authority as a subrecipient rather
than go through a consultant selection process. The subrecipient
would then be responsible for administering the Homeownership
Assistance Program using CDBG funds.
The Housing Authority does not have a homeownership assistance
program. The Housing Authority created the Columbia Valley
Housing Association (CVHA), a private non-profit, many years ago to
provide greater flexibility in obtaining funds and offering programs.
CVHA operates independently and they have been offering
homeowner assistance programs for many years using various
funding sources. The City used CVHA in 2013 and 2014 for the
same program. Funds allocated totaled $61,275 from the 2011 and
2012 Program Years. Three homeowners benefitted from that
program.
The program helps eligible low and moderate-income buyers to
purchase existing housing units that are for sale on the open market
within the East Wenatchee city limits. Funds will be granted to
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eligible individuals in an amount sufficient to make the home
affordable and may include:
• Provide up to 50 percent of required down payment;
• Pay reasonable closing costs;
• Provide principal write-down assistance;
• Subsidize interest rates;
• Finance acquisition of housing occupied by the homebuyer; and
• Acquire guarantees for mortgage financing from private lenders
(i.e., assist homebuyers with private mortgage insurance).
Homebuyers must have household incomes at or below 80% of the
Area Median income as published annually by HUD. See table below.
The program allows the purchase of existing housing. If the home is
new construction, it must have a Certificate of Occupancy issued
prior to Homebuyer Assistance and loan closing.
III. Recommended Action:
Motion to approve the Mayor’s signature on the Agreement Between
City of East Wenatchee and Columbia Valley Housing Association for
East Wenatchee CDBG Direct Homeownership Assistance Program
IV. Exhibits:
Agreement Between City of East Wenatchee and Columbia Valley
Housing Association for East Wenatchee CDBG Direct
Homeownership Assistance Program
Financial Data:
Expenditure Required
Amount Budgeted
Appropriation Required
$53,469 $74,551 $
Wenatchee MSA
CDBG 2018 Income Limits
Persons 1 2 3 4 5 6 7 8
30% 14,150$ 16,150$ 18,150$ 20,150$ 21,800$ 23,400$ 25,000$ 26,600$
50% 23,500$ 26,850$ 30,200$ 33,550$ 36,250$ 38,950$ 41,650$ 44,300$
60% 28,200$ 32,220$ 36,240$ 40,260$ 43,500$ 46,740$ 49,980$ 53,160$
80% 37,600$ 43,000$ 48,350$ 53,700$ 58,000$ 62,300$ 66,600$ 70,900$
CDBG 2019 Income Limits Effective June 28, 2019
Persons 1 2 3 4 5 6 7 8
30% 14,350$ 16,400$ 18,450$ 20,500$ 22,150$ 23,800$ 25,450$ 27,100$
50% 23,950$ 27,400$ 30,800$ 34,200$ 36,950$ 39,700$ 42,450$ 45,150$
60% 28,740$ 32,880$ 36,960$ 41,040$ 44,340$ 47,640$ 50,940$ 54,180$
80% 38,300$ 43,800$ 49,250$ 54,700$ 59,100$ 63,500$ 67,850$ 72,250$
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AGREEMENT BETWEEN CITY OF EAST WENATCHEE
AND COLUMBIA VALLEY HOUSING ASSOCIATION
FOR EAST WENATCHEE CDBG
DIRECT HOMEOWNERSHIP ASSISTANCE PROGRAM THIS AGREEMENT, is made and entered into this _____ day of __________, 20____ between the City of East Wenatchee (“Grantee”) and Columbia Valley Housing Association (“Subrecipient”).
RECITALS
WHEREAS, the Grantee has applied for and received funds from the United States Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, as amended (HCD Act), Public Law 93-383;
WHEREAS, the Annual Action Plan prepared and adopted for Program Year 2018 allocated funds for direct homeownership assistance; and
WHEREAS, the Grantee has selected the Columbia Valley Housing Association as a Subrecipient to assist the Grantee in utilizing such funds for the intended purpose;
NOW, THEREFORE, the parties, for and in consideration of the promises and mutual obligations set forth below, agree as provided for in this Agreement.
I. SCOPE OF SERVICE
A. Activities
The Subrecipient will be responsible for administering a Homeownership Assistance Program using CDBG Program Year funds from 2018 in a manner satisfactory to the Grantee and consistent with any and all applicable Federal, state, and local rules and regulations as a condition of providing these funds. Such program will include the following activities eligible under the Community Development Block Grant program:
Program Delivery
The purpose of the program is to provide direct assistance to eligible low and moderate-income buyers to purchase existing housing units, to be used for permanent housing, that are for sale on the open market within the East Wenatchee city limits to facilitate and expand homeownership among persons of low and moderate income.
Activity #1 Direct Homeownership Assistance: The Subrecipient will grant funds to eligible individuals in an amount sufficient to make the home affordable per underwriting guidelines of the participating lending institution. Such assistance must comply with the requirements of Title 24 Housing and Urban Development section 570.201(n) and may include:
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a. Payment of all or part of the premium (on behalf of the purchaser) for mortgage insurance required up-front by a private mortgagee. (This would include the cost for private mortgage insurance.)
b. Payment of any or all of the reasonable closing costs associated with the home purchase on behalf of the purchaser.
c. Provide principal write-down assistance. Subsidize interest rates and mortgage principal amounts, including making a grant to reduce the effective interest rate on the amount needed by the purchaser to an affordable level. The funds granted under this provision must be applied towards the purchase price. Alternatively, the Subrecipient could make a subordinate loan for part of the purchase price, at little or no interest, for an amount of funds the payment on which, together with the required under the first mortgage, would be affordable to the purchaser.
d. Payment of up to 50% of the down payment required by the mortgagee for the purchase on behalf of the purchaser.
e. Homebuyers must have household incomes at or below 80% of the Area Median income as published annually by the Department of Housing and Urban Development. The HUD Income Limits can be found on HUD’s website. For the purpose of determining whether a family or household is low- and moderate-income under subpart C of 24 CFR 570.3, the Subrecipient will use the following definition of income:
Estimate the annual income of a family or household by
projecting the prevailing rate of income of each person at the
time assistance is provided for the individual, family, or
household (as applicable). Estimated annual income shall
include income from all family or household members, as
applicable. Income or asset enhancement derived from the
CDBG-assisted activity shall not be considered in calculating
estimated annual income.
f. All existing housing to be acquired using the Homebuyer Assistance Program must be decent, safe, sanitary, and in good repair, and meet local ordinances and zoning at the time of acquisition. If the property is new construction, it must have a Certificate of Occupancy issued prior to Homebuyer Assistance and loan closing.
g. The Subrecipient must comply with the U.S. Department of Housing and Urban Development Lead-Based Paint Regulations (24 CFR Part 35) issued pursuant to the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. Sections 4821-4846, et seq.) and the Residential Lead- Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856) requiring elimination of immediate
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lead-based paint hazards in residential structures; and notification of the hazards of lead-based paint poisoning to purchasers and/or owners of residential structures constructed prior to 1978. Properties must pass the lead-based paint visual inspection (if home built prior to 1978). The Subrecipient will be responsible for conducting a visual inspection of any homes built prior to 1978 to identify any potential issues with lead-based paint. Should the visual inspection identify potential issues, the prospective buyer will be informed, and the buyer and/or seller shall be responsible for all lead-based paint testing, required repairs using safe work practices or a certified lead-based paint abatement firm, and a clearance exam.
General Administration
The Subrecipient is responsible for program marketing, intake and screening of prospective homebuyers, thorough buyer underwriting, income calculation and documentation, executing required agreements with buyers, recordkeeping, and ensuring long-term compliance. The Subrecipient must establish and maintain administrative, financial, reporting, and record keeping systems consistent with the requirements of the federal Community Development Block Grant program. These activities generally consist of the following elements:
a. Verify income eligibility of all recipients and maintenance of income eligibility records.
b. Verify that the property will be used as the home buyer’s primary residence.
c. Establish adequate financial and record keeping systems for the project.
d. Comply with applicable civil rights requirements.
e. Maintain written procurement procedures.
f. Submit payment requests and supporting documentation to the City of East Wenatchee.
g. Resolve all monitoring issues, if identified.
h. Submit CDBG Performance Reports, when requested.
B. National Objectives
All activities funded with CDBG funds must meet one of the CDBG program’s National Objectives: benefit low- and moderate-income persons; aid in the prevention or elimination of slums or blight; or meet community development needs having a particular urgency, as defined in 24 CFR 570.208.
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The Subrecipient certifies that the activities carried out under this Agreement will meet the following National Objective:
The proposed activity qualifies as a Low-Moderate Household (LMH) benefit under §570.201(n) since only low- and moderate-income persons will be eligible for the homeownership assistance program.
C. Levels of Accomplishment – Goals and Performance Measures
The goal for households to be served under this program is 3 in the 2018 Annual Action Plan. The Subrecipient agrees to provide homeownership assistance services based upon that general goal.
D. Staffing
The Subrecipient will commit to assign staff as necessary to carry out the provisions of this contract for the CDBG Program. Any procurement of professional service contracts must meet the requirements of federal, state, and local laws, and this contract.
E. Performance Monitoring
The Grantee will monitor the performance of the Subrecipient against goals and performance standards as stated above. Substandard performance as determined by the Grantee will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time after being notified by the Grantee, contract suspension or termination procedures will be initiated.
II. TIME OF PERFORMANCE
Services of the Subrecipient must start on the 2nd day of July, 2019 and end on the 13th day of December, 2019. The term of this Agreement and the provisions herein must be extended to cover any additional time period during which the Subrecipient remains in control of CDBG funds or other CDBG assets.
III. BUDGET
Line Item Amount Homeownership Assistance Grants $49,194 Program Operations* $ 4,275
TOTAL $53,469
*Program Operations includes reasonable and necessary direct program support costs (i.e. program supplies/materials, salaries for staff members providing direct program services).
The amounts listed for each Budget Line Item may be modified by the Subrecipient; provided, the amount expended for Program Operations does not exceed 10% of the Grant Amount. Any costs and time charged must be documented through the appropriate means (i.e., invoices, receipts, time and
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attendance records, etc.). The documentation must be kept on file and will be reviewed at financial monitoring.
In addition, the Grantee may require a more detailed budget breakdown than the one contained herein, and the Subrecipient must provide such supplementary budget information in a timely fashion in the form and content prescribed by the Grantee. Any amendments to the budget must be approved in writing by both the Grantee and the Subrecipient.
IV. PAYMENT
It is expressly agreed and understood that the total amount to be paid by the Grantee under this Agreement shall not exceed $53,469. Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in Paragraph III herein and in accordance with performance. If applicable, expenses for general administration shall also be paid against the line item budgets specified in Paragraph III and in accordance with performance.
Payments may be contingent upon certification of the Subrecipient’s financial management system in accordance with the standards specified in 24 CFR 84.21.
V. NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice.
Communication and details concerning this contract shall be directed to the following contract representatives:
Grantee Lori Barnett Community Development Director East Wenatchee City Hall 271 9th St. NE East Wenatchee, WA 98802 Phone: 509.884.5396 Fax: 509.884.6233 E-mail: lbarnett@east-wenatchee.com
Subrecipient Sherri Schneider Executive Director Columbia Valley Housing Association 1555 S. Methow Street Wenatchee, WA 98801 Phone: 509.264.6776 Fax: 509.663.4761 E-mail: sherri@cvhousing.org
VI. SPECIAL CONDITIONS
Venue and Law Unless preempted by federal law, the laws of the State of Washington govern the interpretation, construction, and enforcement of this Agreement. The
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venue for any dispute regarding the terms of this Agreement is Douglas County Superior Court. In the event of a lawsuit between the parties to this Agreement, the substantially prevailing party shall be entitled to recover judgment against the other party for reasonable attorney’s fees and other costs either at trial or on appeal.
VII. GENERAL CONDITIONS
A. General Compliance
The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)) including subpart K of these regulations, except that (1) the Subrecipient does not assume the recipient’s environmental responsibilities described in 24 CFR 570.604 and (2) the Subrecipient does not assume the recipient’s responsibility for initiating the review process under the provisions of 24 CFR Part 52. The Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The Subrecipient further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available.
B. “Independent Contractor”
Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Subrecipient shall at all times remain an “independent contractor” with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers’ Compensation Insurance, as the Subrecipient is an independent contractor.
C. Hold Harmless
The Subrecipient shall hold harmless, defend and indemnify the Grantee from any and all claims, actions, suits, charges and judgments whatsoever that arise out of the Subrecipient’s performance or nonperformance of the services or subject matter called for in this Agreement.
D. Workers’ Compensation
The Subrecipient shall provide Workers’ Compensation Insurance coverage for all of its employees involved in the performance of this Agreement.
E. Insurance & Bonding
The Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage, and as a
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minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the Grantee.
The Subrecipient shall comply with the bonding and insurance requirements of 24 CFR 84.31 and 84.48, Bonding and Insurance.
F. Grantee Recognition
The Subrecipient shall insure recognition of the role of the Grantee in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, the Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement.
G. Amendments
The Grantee or Subrecipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee’s governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or Subrecipient from its obligations under this Agreement.
The Grantee may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and Subrecipient.
H. Suspension or Termination
In accordance with 24 CFR 85.43, the Grantee may suspend or terminate this Agreement if the Subrecipient materially fails to comply with any terms of this Agreement, which include (but are not limited to) the following:
1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time;
2. Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement;
3. Ineffective or improper use of funds provided under this Agreement; or
4. Submission by the Subrecipient to the Grantee reports that are incorrect or incomplete in any material respect.
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In accordance with 24 CFR 85.44, this Agreement may also be terminated for convenience by either the Grantee or the Subrecipient, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety.
VIII. ADMINISTRATIVE REQUIREMENTS
A. Financial Management
1. Accounting Standards
The Subrecipient agrees to comply with 24 CFR 84.21−28 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred.
2. Cost Principles
The Subrecipient shall administer its program in conformance with OMB Circulars A-122, “Cost Principles for Non-Profit Organizations”. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis.
B. Documentation and Record Keeping
1. Records to be Maintained
The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506, that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to:
a. Records providing a full description of each activity undertaken;
b. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program;
c. Records required to determine the eligibility of activities;
d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance;
e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program;
f. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21−28; and
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g. Other records necessary to document compliance with Subpart K of 24 CFR Part 570.
2. Retention
The Subrecipient shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a period of four (4) years. The retention period begins on the date of the submission of the Grantee’s annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the four-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the four-year period, whichever occurs later.
3. Client Data
The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to Grantee Monitors or their designees for review upon request.
4. Disclosure
The Subrecipient understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the Grantee’s or Subrecipient’s responsibilities with respect to services provided under this contract, is prohibited by the Public Records Act as set forth in Chapter 42.56 RCW unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian.
5. Close-outs
The Subrecipient’s obligation to the Grantee shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the Grantee), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the Subrecipient has control over CDBG funds, including program income.
6. Audits & Inspections
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All Subrecipient records with respect to any matters covered by this Agreement shall be made available to the Grantee, grantor agency, and the Comptroller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within 30 days after receipt by the Subrecipient. Failure of the Subrecipient to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current Grantee policy concerning subrecipient audits and OMB Circular A-133.
C. Reporting and Payment Procedures
1. Program Income
Any program income derived from this Homeownership program shall be retained by the Subrecipient. The use of program income by the Subrecipient shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, the Subrecipient may use such income during the contract period for activities permitted under this contract.
2. Indirect Costs
No indirect costs shall be charged to this program.
3. Payment Procedures
The Grantee will pay to the Subrecipient funds available under this Agreement based upon information submitted by the Subrecipient and consistent with any approved budget and Grantee policy concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by the Subrecipient, and not to exceed actual cash requirements. Payments will be adjusted by the Grantee in accordance with advance fund and program income balances available in Subrecipient accounts. In addition, the Grantee reserves the right to liquidate funds available under this contract for costs incurred by the Grantee on behalf of the Subrecipient.
4. Progress Reports
The Subrecipient shall submit regular Progress Reports to the Grantee in the form, content, and frequency as required by the Grantee.
D. Procurement
1. Compliance
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The Subrecipient shall comply with current Grantee policy concerning the purchase of equipment and shall maintain inventory records of all non-expendable personal property as defined by such policy as may be procured with funds provided herein. All program assets (unexpended program income, property, equipment, etc.) shall revert to the Grantee upon termination of this Agreement.
2. OMB Standards
Unless specified otherwise within this agreement, the Subrecipient shall procure all materials, property, or services in accordance with the requirements of 24 CFR 84.40−48.
3. Travel
The Subrecipient is not authorized to use funds under this Agreement for travel outside the metropolitan area.
E. Use and Reversion of Assets
The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFR 570.502, 570.503, and 570.504, as applicable, which include but are not limited to the following:
1. The Subrecipient shall transfer to the Grantee any CDBG funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination.
2. Real property under the Subrecipient’s control that was acquired or improved, in whole or in part, with funds under this Agreement in excess of $25,000 shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until ten (10) years after expiration of this Agreement. If the Subrecipient fails to use CDBG-assisted real property in a manner that meets a CDBG National Objective for the prescribed period of time, the Subrecipient shall pay the Grantee an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Such payment shall constitute program income to the Grantee. The Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the ten-year period.
3. In all cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds shall be program income (prorated to reflect the extent to that funds received under this Agreement were used to acquire the
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equipment). Equipment not needed by the Subrecipient for activities under this Agreement shall be (a) transferred to the Grantee for the CDBG program or (b) retained after compensating the Grantee [an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment].
IX. RELOCATION, REAL PROPERTY ACQUISITION AND ONE-FOR-
ONE HOUSING REPLACEMENT
The Subrecipient agrees to comply with (a) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); (b) the requirements of 24 CFR 570.606(c) governing the Residential Anti-displacement and Relocation Assistance Plan under section 104(d) of the HCD Act; and (c) the requirements in 24 CFR 570.606(d) governing optional relocation policies. [The Grantee may preempt the optional policies.] The Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b) (2) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-assisted project. The Subrecipient also agrees to comply with applicable Grantee ordinances, resolutions and policies concerning the displacement of persons from their residences.
X. PERSONNEL & PARTICIPANT CONDITIONS
A. Civil Rights
1. Compliance
The Subrecipient agrees to comply with local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086.
2. Nondiscrimination
The Subrecipient agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable.
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3. Land Covenants
This contract is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P. L. 88-352) and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this contract, the Subrecipient shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the Grantee and the United States are beneficiaries of and entitled to enforce such covenants. The Subrecipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate.
4. Section 504
The Subrecipient agrees to comply with all Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against the individuals with disabilities or handicaps in any Federally assisted program. The Grantee shall provide the Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement.
B. Affirmative Action
1. Approved Plan
The Subrecipient agrees that it shall be committed to carry out pursuant to the Grantee’s specifications an Affirmative Action Program in keeping with the principles as provided in President’s Executive Order 11246 of September 24, 1966. The Grantee shall provide Affirmative Action guidelines to the Subrecipient to assist in the formulation of such program. The Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to the award of funds.
2. Women- and Minority-Owned Businesses (W/MBE)
The Subrecipient will use its best efforts to afford small businesses, minority business enterprises, and women’s business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms “small business” means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and “minority and women’s business enterprise” means a business at least fifty-one (51) percent owned and controlled by minority group members or women.
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For the purpose of this definition, “minority group members” are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. The Subrecipient may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation.
3. Access to Records
The Subrecipient shall furnish and cause each of its own subrecipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by the Grantee, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein.
4. Notifications
The Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or worker’s representative of the Subrecipient’s commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
5. Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement
The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer.
6. Subcontract Provisions
The Subrecipient will include the provisions of Paragraphs X.A, Civil Rights, and B, Affirmative Action, in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its own subrecipients or subcontractors.
C. Employment Restrictions
1. Prohibited Activity
The Subrecipient is prohibited from using funds provided herein or personnel employed in the administration of the program for: political activities; inherently religious activities; lobbying; political patronage; and nepotism activities.
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2. Labor Standards
The Subrecipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The Subrecipient agrees to comply with the Copeland Anti-Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The Subrecipient shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the Grantee for review upon request.
The Subrecipient agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this contract, shall comply with Federal requirements adopted by the Grantee pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the Subrecipient of its obligation, if any, to require payment of the higher wage. The Subrecipient shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph.
3. “Section 3” Clause
a. Compliance
Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the Grantee, the Subrecipient and any of the Subrecipient’s subrecipients and subcontractors. Failure to fulfill these requirements shall subject the Grantee, the Subrecipient and any of the Subrecipient’s subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The Subrecipient certifies and agrees that no
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contractual or other disability exists that would prevent compliance with these requirements.
The Subrecipient further agrees to comply with these “Section 3” requirements and to include the following language in all subcontracts executed under this Agreement:
“The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located.”
The Subrecipient further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs.
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The Subrecipient certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements.
b. Notifications
The Subrecipient agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker’s representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training.
c. Subcontracts
The Subrecipient will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the tract upon a finding that the subcontractor is in violation of regulations issued by the grantor agency. The Subrecipient will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations.
D. Conduct
1. Assignability
The Subrecipient shall not assign or transfer any interest in this Agreement without the prior written consent of the Grantee thereto; provided, however, that claims for money due or to become due to the Subrecipient from the Grantee under this contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Grantee.
2. Subcontracts
a. Approvals
The Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this contract without the written consent of the Grantee prior to the execution of such agreement.
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b. Monitoring
The Subrecipient will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance.
c. Content
The Subrecipient shall cause all of the provisions of this contract in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement.
d. Selection Process
The Subrecipient shall undertake to insure that all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis in accordance with applicable procurement requirements. Executed copies of all subcontracts shall be forwarded to the Grantee along with documentation concerning the selection process.
3. Hatch Act
The Subrecipient agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C.
4. Conflict of Interest
The Subrecipient agrees to abide by the provisions of 24 CFR 84.42 and 570.611, which include (but are not limited to) the following:
a. The Subrecipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds.
b. No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved.
c. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial
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interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a “covered person” includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the Grantee, the Subrecipient, or any designated public agency.
5. Lobbying
The Subrecipient hereby certifies that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, 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 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;
b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions; and
c. It will require that the language of paragraph (d) of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly:
d. Lobbying Certification
This certification is a material representation of fact upon which reliance was placed when this transaction was
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made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
6. Copyright
If this contract results in any copyrightable material or inventions, the Grantee and/or grantor agency reserves the right to royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for governmental purposes.
7. Religious Activities
The Subrecipient agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.200(j), such as worship, religious instruction, or proselytization.
XI. ENVIRONMENTAL CONDITIONS
A. Air and Water
The Subrecipient agrees to comply with the following requirements insofar as they apply to the performance of this Agreement:
- Clean Air Act, 42 U.S.C. , 7401, et seq.;
- Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251,
et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder;
- Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended.
B. Flood Disaster Protection
In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation).
C. Lead-Based Paint
The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to
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HUD Lead-Based Paint Regulations at 24 CFR 570.608, and 24 CFR Part 35, Subpart B. Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted.
D. Historic Preservation
The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement.
In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, state, or local historic property list.
XII. SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.
XIII. SECTION HEADINGS AND SUBHEADINGS
The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
XIV. WAIVER
The Grantee’s failure to act with respect to a breach by the Subrecipient does not waive its right to act with respect to subsequent or similar breaches. The failure of the Grantee to exercise or enforce any right or provision shall not constitute a waiver of such right or provision.
XV. ENTIRE AGREEMENT
This agreement constitutes the entire agreement between the Grantee and the Subrecipient for the use of funds received under this Agreement and it
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supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the Grantee and the Subrecipient with respect to this Agreement.
IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written above.
Grantee
City of East Wenatchee
Subrecipient
Columbia Valley Housing Association
By By
Steven C. Lacy, Mayor Board President
Attest
Maria Holman, City Clerk Federal I.D. #
Approved as to form
Devin Poulson, City Attorney
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CITY OF EAST WENATCHEE
COUNCIL AGENDA BILL
To: Mayor and Council
From/Presenter: Trina Elmes, Events Director/PIO
Subject: East Wenatchee Events Board Grant Agreements
Date: July 2, 2019
I. Summary Title:
The Council previously approved grant applications for the Sunburn
Classic, Wenatchee Valley Sports Foundation and the Wenatchee
Valley Chamber of Commerce.
II. Background/History:
III. Recommended Action:
• Authorize the Mayor to sign the EWEB Grant Agreements with the
Sunburn Classic, Wenatchee Valley Sports Foundation and the
Wenatchee Valley Chamber of Commerce were approved at the
May 7, 2019 Council Meeting.
IV. Exhibits:
a. Wenatchee Valley Sports Foundation
b. Sunburn Classic Agreement
c. Wenatchee Valley Chamber of Commerce Agreement
Financial Data:
Expenditure Required
Amount Budgeted
Appropriation Required
$0 $0 $0
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Grant Agreement
Between
The City of East Wenatchee
(the City)
271 9th St. NE
East Wenatchee, WA 98802
(509) 884-9515
And
Grantee
Wenatchee Valley Chamber of Commerce
(WVCC)
PO Box 850
Wenatchee, WA 98807
c/o Shiloh Burgess, (509) 662-2116
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1. This Agreement is made by The City of East Wenatchee, a
Washington Municipal Corporation (hereafter the “City”) and the
Wenatchee Valley Chamber of Commerce, a Washington Nonprofit
Corporation (hereafter the“Grantee”). It is hereby mutually agreed that the
City shall pay certain funds to the Grantee, and the Grantee shall render
certain services to the City, on the following terms and conditions as set
forth below.
Grantee’s Obligations. Grantee will:
a. Complete Phase II of the Miss Veedol video, in cooperation with
Voortex Productions.
b. Promote tourism and recreation in East Wenatchee as part of the
Visit Wenatchee marketing plan and KW Media buy for 2019.
c. Make reports to the East Wenatchee Events Board in July,
September and December on the impact of promotion activities in
East Wenatchee and the Wenatchee MSA. These reports may
include, but are not limited to, hotel occupancy, marketing
campaign efforts, website analytics, industry trends, and event
development/outcomes.
d. Provide a written report to the City’s Finance Department by
January 31, 2020 documenting how Grant funds were used for
tourism promotion as defined in RCW 67.28.080; from July 1 to
December 31, 2019. The report shall include the reporting
necessary for the Washington State Joint Legislative Audit and
Review Committee.
e. Make a presentation to the East Wenatchee City Council on the
impact of 2019 tourism activities in East Wenatchee and the
Wenatchee MSA. This presentation shall cover the period July 1,
2019 through December 31, 2019, and the presentation shall be
made before March 1, 2020. This presentation may include, but is
not limited to, hotel occupancy, marketing campaign efforts,
website analytics, industry trends, and event
development/outcomes.
f. Publicize the partnership between the City and the WVCC for the
purpose of growing the tourism industry in East Wenatchee and
the Wenatchee MSA. This may include, but is not limited to:
i. Press release to local media
ii. Editorial content in WVCC publications (i.e. newsletter,
blog, etc.)
iii. Announcement on social media
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2. The City’s Obligations. City will:
a. Within 30 days of receiving a copy of the contract between Voortex
Production and the Grantee for the production of Phase II of the
Miss Veedol Video, the city shall reimburse the Grantee for
production cost paid to date not to exceed $10,000. The Grantee
will receive final payment not to exceed $5000 within 30 days of
the video being completed and final project invoice submitted.
b. The City shall pay to the Grantee a total of $45,000.00. This shall
be paid in three (3) equal installments of $15,000.00 each
(allocated as $10,000.00 for tourism promotion activities and
services, and $5,000.00 for sports tourism activities and services).
The installments shall be due within 30 days of the delivery of each
report to the East Wenatchee Events Board in July, September and
December of 2019. These activities must be a qualifying expense
for reimbursement under RCW Chapter 67.28.
3. Indemnification. Grantee releases and shall defend, indemnify and
hold harmless the City, its elected officials, officers, employees, agents and
volunteers for any and all claims, demands, losses, negligent acts or
omissions, and liabilities (including costs and all attorney's fees) to or by
any and all persons and entities, including without limitation, their
respective agents, licensees, or representatives, arising from, resulting
from, or connected with this Agreement to the extent caused by the
negligent acts, errors or omissions of Grantee, its partners, shareholders,
agents, employees, or by the Grantee's breach of this Agreement.
4. No Discrimination. Grantee ensures that it will not discriminate
against any employee or applicant for employment in violation of RCW
49.60.180 or other applicable law prohibiting discrimination, unless based
upon a bona fide occupational qualification as provided in RCW 49.60.180
or as otherwise permitted by other applicable law. Further, Grantee will not
commit an act which violates RCW 40.60.215 or other applicable law
prohibiting discrimination.
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City of East Wenatchee
Signature:
Steven C. Lacy, Mayor
Date:
ATTEST:
City Clerk Maria Holman
WENATCHEE VALLEY CHAMBER OF COMMERCE
Signature:
By Shiloh Burgess, Executive Director
Date:
Federal Employee ID No.: 91-0465430
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From:Trautmann, Cara
Subject:Charter Communications (SPECTRUM) Programming Update - Telemundo Launch
Date:Thursday, June 27, 2019 11:12:39 AM
Attachments:image001.png
image002.png
This letter will serve as notice that on or around July 31, 2019, Charter Communications (“Charter”),
locally known as Spectrum, will launch Telemundo to the SPP Select tier of service channel 68 and
203 on the channel line-up serving your community. To view a current Spectrum channel lineup visit
www.spectrum.com/channels.
If you have any questions about this change, please feel free to contact me at 360.258.5108 or via
email at marian.jackson@charter.com.
Sincerely,
Marian Jackson | Director, Government Affairs | Work: 360-258-5108 | Cell: 360-600-4131
222 NE Park Plaza Drive, #231| Vancouver, WA 98684
E-MAIL CONFIDENTIALITY NOTICE: The contents of this e-mail message and any attachments are
intended solely for the addressee(s) and may contain confidential and/or legally privileged
information. If you are not the intended recipient of this message or if this message has been
addressed to you in error, please immediately alert the sender by reply e-mail and then delete this
message and any attachments. If you are not the intended recipient, you are notified that any use,
dissemination, distribution, copying, or storage of this message or any attachment is strictly
prohibited.
CLU: Wenatchee WA (Rebuild)
The contents of this e-mail message and
any attachments are intended solely for the
addressee(s) and may contain confidential
and/or legally privileged information. If you
are not the intended recipient of this message
or if this message has been addressed to you
in error, please immediately alert the sender
by reply e-mail and then delete this message
and any attachments. If you are not the
intended recipient, you are notified that
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any use, dissemination, distribution, copying,
or storage of this message or any attachment
is strictly prohibited.
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