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R-2001-028 Triumph Treatment Services grant request (re: federal HOME funds)
RESOLUTION NO. R-2001-28 A RESOLUTION approving a $50,000 grant request from Triumph Treatment Services to be made from federal HOME funds to assist with construction of affordable housing at EPIC Place site, and authorizing and directing the City Manager to execute all necessary grant documents, including a grant agreement, between the City of Yakima and Triumph Treatment Services. WHEREAS, the City of Yakima is a recipient of federal HOiviE investment Partnerships (HOME) funds which may be used to provide housing for low -moderate income persons, and WHEREAS, Triumph Treatment Services, a City of Yakima Community Housing Development Organization (CHDO), is requesting a grant of $50,000 in HOME funds to assist with affordable housing construction at the EPIC Place site, and WHEREAS, the City Council has determined that it is in the best interest of the City to authorize and approve the $50,000 grant request from Triumph Treatment Services to assist with affordable housing construction, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: A grant of $50,000 in HOME funds to Triumph Treatment Services for the purpose of assisting with construction at EPIC Place is hereby authorized and approved, subject to execution of a formal grant agreement between the City of Yakima and Triumph Treatment Services. The City Manager is hereby authorized and directed to execute all necessary grant documents, including a grant agreement, between the City of Yakima and Triumph Treatment Services. The final form of these documents shall be reviewed and approved by the City Attorney. ADOPTED BY THE CITY COUNCIL this 20th day of February, 2001 ATTEST: City Clerk Ty Place, Mayor CITY OF YAKIMA OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES 1. Contracting Organization:Triumph Treatment Services (hereinafter "Contractor") 2. Address: 102 South Naches Avenue Yakima. WA 98901 3. Phone: (509) 248-1800 4. Contact Person: Beth Dannhardt. Executive Director 5. Title of Service or Program being Funded: EPIC Place 6. Amount of Contract Award: $ 50.000.00(HOME) 7. The term of this Contract shall commence upon execution hereof and shall terminate at midnight 1/ /30 0/ , unless sooner terminated by either party in accordance with Section XXII of incorporated Exhibit "A". 8. This contract award and the rights and obligations of both parties hereto shall be subject to and governed by the following: 1) "Terms and conditions" attached hereto as Exhibit "A" and incorporated herein by this reference; and 2) Operating budget including sources and uses statement ,work plan and all attached hereto as Exhibit `B" and incorporated herein by this reference. 3) City of Yakima Resolution No.R-2001-28, a copy of which is attached hereto as Exhibit "C" and incorporated herein by this reference. 9. Final Contract payment shall be subject to satisfactory completion of project described in Exhibit B, Contractor/Subcontractor lien releases, and satisfaction of all contract terms and conditions as stated in Exhibit "A" and Exhibit "C". This written document and incorporated exhibits constitutes the entire Contract between the parties. IN WITNESS THEREOF the parties have executed this Contract as of the day and year indicated below. Contractor, Beth Dannhardt Title: Executive Director ATTEST: City Clerk 3-2 9►_ {1TY CMITIIRY fig: SO ,711)J - 2On1-ag Date Date EXHIBIT "A" TFRMS AND CONDITIONS DFSIGNATION The City of Yakima, as recipient of a housing and community development grant from the U.S. Department of Housing and Urban Development, hereby designates Contractor to undertake, and the Contractor hereby agrees to undertake that certain community development or housing assistance project described in Exhibit "B", Scope of Work. 11 SUB -GRANT A. NOTICE TO PROCEED No work on the project shall occur prior to or without written approval from the City of Yakima Office of Neighborhood Development Services (ONDS) shall furnish the Contractor with written notice to proceed upon release of funds from HUD related to the project pursuant to 24 CFR Part 58. B. AMOUNT OF GRANT The City hereby sub -grants to the Contractor $50,000.00 for said project. III GENERAL BUDGET PROVISIONS The Contractor agrees to the following provisions in satisfying the terms and conditions of this contract: A. PAYMENT AND DISBURSEMENTS Disbursements by the City of Yakima from this contract/grant award shall be on a reimbursement basis covering actual expenditures by the Contractor or obligation of the Contractor currently due and owing, but not paid. Disbursements shall be limited to allowable costs and so shall be made upon the occurrence of all the following, in addition to any other conditions contained herein or in the special conditions: 1. Receipt by the City of Yakima ONDS of a written reimbursement request on forms provided by the City of Yakima ONDS supported by copies of vouchers, invoices, salary and wage summaries, or other acceptable documentation; and 2. Determination by the City of Yakima ONDS that the expenditures or obligations for which reimbursement is sought constitute allowable costs under the principles set forth in Federal Management Circular 74-4 "eligible costs under the HOME Program" and come within the Project Budget. B. No payment shall be made for any service rendered by the Contractor except for services within the scope of a category set forth in the budget in Exhibit "B" of this Contract, and all funds received must be used for service as identified in Exhibit "B" of this Contract. C. 1. The Contractor shall submit to the City of Yakima ONDS a written request for approval of budget revision when a proposed revision would result in an increase or decrease of ten percent (10%) or more in an approved budget subject category. Written budget revision approval must be received by the Contractor prior to the Contractor incurring any expenditures against the revised budget sub -object categories. 2 02/27/01 2. When the revision of the Contractor budget does not exceed ten percent (10%) of an approved budget sub -object category, the Contractor must submit a revised budget to the City of Yakima ONDS prior to the submittal of claims against the budget. IV COMMENCEMENT OF WORK The City of Yakima ONDS shall furnish the Contractor with written notice to proceed upon release of funds from HUD related to the project. No work on the project shall occur prior to the notice to proceed without written approval from the City of Yakima ONDS. V BILLING PROCEDURES A. The Contractor shall submit monthly written claims for reimbursement of services performed under this contract in the manner prescribed in paragraph III above, and as prescribed by the City of Yakima ONDS. VI LOCAL FINANCIAL SUPPORT The sub -grant shall not be utilized to reduce substantially the amount of local financial support for community development activities below the level of such support prior to the availability of such assistance. VII BUDGET SURPLUS The Contractor agrees that funds determined by the City of Yakima ONDS to be surplus at the end of the project within the budget of this Contract will be subject to cancellation by the City of Yakima ONDS and may be negotiated if they are to be included in future Contracts. VIII COMPLIANCE WITH LAWS A. GENERAL The Contractor, in performance of this Contract, agrees to comply with all applicable Federal, State and Local Laws and ordinances, and the rules and regulations promulgated by the U.S. Department of Housing and Urban Development, including, but not limited to, Federal HOME Regulations and other policies and guidelines established by the City of Yakima ONDS. B. PROCUREMENT AND CONSTRUCTION OR REPAIR PROJECT REQUIREMENTS The following federal provisions may apply, among others, to this Contract: 1. Office of Federal Contract Compliance Programs regulations, 41 CFR Part 60, Executive Order 11246 as amended by Executive Order 12086, and 24 CFR 570.601 (Discrimination prohibited). 2. The Lead Based Paint Poisoning Prevention Act, 42 USC Section 4831 et seq., and HUD regulations implementing the Act, 24 CFR Part 35, where, residential structures are involved. The Contractor shall provide whatever assistance is necessary to enable the City of Yakima's Building Official to carry out its inspection and certification responsibility under those regulations. 3. Historic and Archaeological Preservation requirements as set forth in 24 CFR Section 570.604.36 CFR Part 800, RCW 27.44.010 (Native American Burial Law), RCW 27.53.010-.090 (Protection of Archaeological Resources), and RCW 43.51.750-.820 (Preservation of Historic Properties). 4. Architectural Barriers Act of 1968 as amended, 42 USC Section 4151 et seq., 3 02/27/01 implementing regulations, and Chapter 70.92 RCW. 5. Clean Air Act as amended, 42 USC Section 1857 et weq; Water Pollution Control Act, as amended, 33 USC Section 1251 et seq.; and Environmental Protection Agency regulations, 40 CFR Part 15. 6. Section 3 of the Housing and Urban Development Act of 1968 (12 USC Section 1701 u) and 24 CFR Part 135 (Employment opportunities for project area businesses and low income persons). 7. Contract Work Hours and Safety Standards Act, 40 USC Sections 327-333, (Overtime Compensation). 8. Davis -Bacon Act, as amended, 40 USC Sections 276a — 276a — 5, and RCW Chapter 3 — 12 (Prevailing Wage Rates). 9. Attachment 0 of the Office of management and Budget Circular, A-102 (Procurement Standards) and Federal Management Circular, FMC 74-4. 10. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and regulations contained in 24 CFR Parts 42 and 570. 11. Title VI of the Civil Rights Act of 1964 (P.L. 88-352) as amended, and HUD regulations with respect thereto including the regulations under 24 CFR Part 1. In the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, and Contractor shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination upon the basis of race, color, religion, sex, or national origin, in the sale, lease or rental, or in the use or occupancy of such land or any improvements erected or to be erected thereon, and providing that the Contractor, the County, and the United States are beneficiaries of and entitled to enforce such covenant. The Contractor, in undertaking its obligation in carrying out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant and will not itself so discriminate. 12. Age Discrimination Act of 1975 (24 CFR 146). 13. Fair Housing Act (24 CFR 100, CFR 107 and 24 CFR 1). 14. Housing Quality Standards (24 CFR 882.109). 15. WBE/MBE (24 CFR 85.36 (e)). 16. ENVIRONMENTAL REVIEW A. NEPA The City of Yakima ONDS retains environmental review responsibility for purposes of fulfilling requirements of the National Environmental Policy Act, under which the City of Yakima ONDS may require the Contractor to furnish data, information and assistance for the City's review and assessment in determining whether the City must prepare an Environmental Impact Statement. 4 02/27/01 B. SEPA The Contractor retains responsibility for fulfilling the requirements of the State Environmental Policy Act and regulations and ordinance adopted thereunder. C. COMPLIANCE AS PRE -CONDITION Performance by either the City of Yakima ONDS or the Contractor under this Agreement shall be contingent upon satisfaction of all applicable requirements of the National and State Environmental Policy Acts. IX NON-DISCRIMINATION IN EMPLOYMENT A. The City of Yakima is an Equal Opportunity Employer. B. The Contractor agrees that it shall not discriminate against any employee or applicant on the grounds of race, creed, color, religion, national origin, sex, marital status, age, or the presence of any sensory, mental or physical handicap. Such action shall include, but not be limited to: employment, upgrading, demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and programs for training including apprenticeships. The Contractor specifically agrees to abide by the Office of Federal Contract Compliance Programs regulations, 41 CFR Part 60, Executive Order 11246 as amended by Executive Order 12086, and HUD Anti Discrimination Requirements, 24 CFR 570.601. X NON-DISCRIMINATION IN CLIENT SERVICES A. The Contractor agrees to affirmatively market units made available through this contract (24 CFR 92.352), and shall not, on the grounds of race, color, sex, religion, national origin, creed, marital status, or age: 1. Deny a qualified individual any facilities, financial aid, services or other benefits provided under this Contract; 2. Provide any service(s) or other benefits to a qualified individual which are different, or are provided in a different manner, from those provided to others under this Contract; separate treatment in any manner related to his receipt of any service(s) or other benefits provided under this Contract; 3. Deny any qualified individual an opportunity to participate in any program provided by this Contract through the provision of service(s) or otherwise, or will afford him an opportunity to do so which is different from that afforded others under this Contract. B. The Contractor shall abide by all provisions of Section 504 of the HEW Rehabilitation Act of 1973 prohibiting discrimination against handicapped individuals either through purpose or intent. C. If assignment and/or subcontracting has been authorized, said assignment or subcontract shall include appropriate safeguards against discrimination in client services binding upon each Contractor or Subcontractor. The Contractor shall take such action as may be required to ensure full compliance with the provisions of this clause, including sanctions for noncompliance. 5 02/27/01 XI LICENSING AND PROGRAM STANDARDS The Contractor agrees to comply with all applicable Federal, State, County and Municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals, and any other standards or criteria as described in the Contract to assure quality of services. XII MONITORING AND ACCESS TO RECORDS A. Contractor agrees that City may carry out monitoring and evaluation activities so as to ensure compliance by Contractor with this Contractor agreement, with the HOME Compliance Documents, and with all other laws, regulations, and ordinances related to the performance hereof. Contractor agrees to provide City with any data determined by City to be necessary for its effective fulfillment of its monitoring and evaluation responsibilities. B. At any reasonable time and as often as City may deem necessary, Contractor shall make all of its records available to City, HUD, the Comptroller General of the United States, or any of their authorized representatives, and shall permit City, HUD, the Comptroller General of the United States, or any of their authorized representatives to audit, examine, and make excerpts and/or copies of same. Contractor records shall include, but shall not be limited to, the following: payroll, personnel and employment records; procurement bidding documents; contracts; sales closing statements; and invoices. C. The Contractor shall be required to make reasonable changes in the services as completed or to be completed if said services fall below the standards and specifications set forth in the Special Terms and Conditions, Project Description, or Statement of Work. XIII SAFEGUARDING OF CLIENT INFORMATION The use or disclosure by any party of any confidential information concerning a recipient or client for any purpose not directly connected with the City's or the Contractor's responsibilities with respect to services provided under this Contract is prohibited except on written consent of the recipient or client, his/her attorney or his/her responsible parent or guardian or as otherwise provided by law. XIV ASSIGNMENT AND/OR SUBCONTRACTING The Contractor shall not assign or subcontract any portion of the services provided within the terms of this Contract without obtaining prior written approval from the City. All terms and conditions of this Contract shall apply to any approved subcontract or assignment related to the Contract. XV STANDARDS FOR FISCAL ACCOUNTABILITY A. The Contractor agrees to provide project line item draw requests, annual verification of rents, annual audited financial statement to compare income and expenses, records, documents and accounting procedures which accurately reflect all direct and indirect costs related to the performance of this Contract. Such fiscal books, records, documents, reports and other data shall be retained in a manner consistent with the "Budgeting, Accounting, Reporting System for Counties and Cities, and Other Local Governments", hereinafter referred to as "BARS", as issued by the Office of State Auditor, State of Washington. The Contractor further agrees that the City of Yakima ONDS shall have the right to monitor and audit the fiscal components of the organization to insure that actual expenditures remain consistent with the terms of this Contract. The Contractor shall retain all books, records, documents and other 6 02/27/01 material relevant to the Contract for seven (7) years after settlement of this Contract. The Contractor agrees that the City of Yakima, the U.S. Department of Housing and urban Development, the Washington State Auditor, or their designees, shall have full access to and a right to examine any of said materials at all reasonable times during said period. B. The Contractor agrees that any contributions or payments made for services furnished under this Contract shall be used for the sole benefit of this program. XVI PROGRAM PROPERTY Any personal property having a useful life of more than one year and purchased wholly or in part with sub -grant funds at a cost of three hundred dollars ($300) or more per item, shall upon its purchase or receipt become the property of the City of Yakima and/or federal government. Final ownership and disposition of such property shall be determined under the provisions of Attachment N of OMB, A-102. The Contractor shall be responsible for all such property, including its care and maintenance, and shall comply with the following procedural requirements: 1. Property records shall be maintained accurately and provide for: A description of the property; manufacturer's serial number or other identification number; acquisition date and cost; source of the property; percentage of HOME funds used in the purchase of property; location, use, and condition of the property. 2. A physical inventory of property shall be taken and the results reconciled with the property records at least once every two years to verify the existence, current utilization, and continued need for the property. 3. A control system shall be in effect to insure adequate safeguards to prevent lose, damage, or theft to the property. Any loss, damage, or theft of the property shall be investigated and fully documented. 4. Adequate maintenance procedures shall be implemented to keep the property in good condition. 5. If the Contractor elects to capitalize and depreciate such nonexpendable personal property in lieu of claiming the acquisition cost as a direct item of cost, title to such property shall remain with the Contractor. An election to capitalize and depreciate or claim acquisition cost as a direct item of cost shall be irrevocable. 6. Nonexpendable personal property purchased by the Contractor under the terms of this Contract, in which title is vested in the City of Yakima or Federal Government shall not be rented, loaned, or otherwise passed to any person, partnership, corporation, association or organization without the prior express approval of the City of Yakima ONDS. 7. Any nonexpendable personal property furnished to, or purchased by, the Contractor, title to which is vested in the City of Yakima ONDS or federal government shall, unless otherwise provided herein or approved by the Contracting Officer, be used only for the performance of activities defined in this Contract. 8. As a condition prerequisite to reimbursement for the purchase of nonexpendable personal property, title to which shall vest in the City of Yakima ONDS or federal government, the Contractor agrees to execute such security agreements and other documents as shall be necessary for the City of Yakima ONDS or federal government to perfect its interest in such property in accordance with the "Uniform Commercial Code -Secured Transactions" as codified in Article 9 of RCW Chapter 62A. 9. The Contractor shall be responsible for any loss or damage to the property of the City of Yakima ONDS or federal government (including expenses entered thereunto) which 7 02/27/01 results from negligence, willful misconduct, or lack of good faith on the part of the Contractor to maintain and administer in accordance with sound management practices that property, to ensure that the property will be returned to the City of Yakima ONDS or federal government in like condition to that in which condition the property was acquired by purchase, fair wear and tear accepted. XVII RELATIONSHIP OF THE PARTIES The parties intend that an independent contractor/city relationship will be created by this Contract. The City of Yakima ONDS is interested only in the results to be achieved, the implementation of services will lie solely with the Contractor. No agent, employee, or representatives of the Contractor shall be deemed to be an employee, agent, servant or representative of the City of Yakima for any purpose, and the employees of the Contractor are not entitled to any of the benefits the City of Yakima provides for City Employees. The Contractor will be solely and entirely responsible for its acts and for the acts of its agents, employees, servants, Subcontractors, or otherwise during the performance of this Contract. XVIII TAXES AND ASSESSMENTS Contractor shall be solely responsible for and shall pay all taxes, deductions, and assessments, including but not limited to, sales tax, federal income tax, FICA, social security tax, assessments for unemployment and industrial injury insurance, and other deductions from income which may be required by law or assessed against either party as a result of this Contract. In the event the City is assessed a tax or assessment as a result of this Contract, Contractor shall pay the same before it becomes due. XIX QUARTERLY REPORT The Contractor agrees to submit a written quarterly report outlining the progress towards completion of activities included in Exhibit B, to the City of Yakima. XX INSURANCLF A. COMMERCIAL LIABILITY INSURANCE On or before the effective date of this Contract, the Contractor shall provide the City with a certificate of insurance as proof of liability insurance in the amount of One Million Dollars ($1,000,000.00) that clearly states who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect (any statement in the certificate to the effect of "this certificate is issued as a matter of information only and confers no right upon the certificate holder" shall be deleted). Said policy shall be in effect for the duration of thjs Contract. The policy shall name the City, its elected officials, officers, agents and employees as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City thirty (30) calendar days prior written notice (any language in the clause to the effect of "but failure to mail such notice shall impose no obligation or liability of any kind upon the company" shall be crossed out and initiated by the insurance agent). The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide and admitted in the State of Washington. XXI INDEMNIFICATION AND HOI a HG$MI FSS All services to rendered or performed under this Contract will be performed or rendered entirely to the Contractor's own risk and the Contractor expressly agrees to defend, indemnify and hold harmless the City of Yakima and all of its officers, agents, employees and elected officials from any and all liability, loss, fines, penalties or damage, inducing reasonable cost of defense, they may suffer as a result of claims, demands, actions, or damages to any and all persons or property, costs or judgments against the City of Yakima which result from, arise out of, or are in any way connected with the services to be preformed by the Contractor under this Contract. 8 02/27/01 XXII CONTRACT, TERMINATION AND CLOSE OUT If the Contractor fails to comply with the terms and conditions of this Contract, the City of Yakima ONDS may pursue such remedies as are legally available including but not limited to, the termination of this Contract in the manner specified herein. A. TERMINATION FOR CALJSF If the Contractor fails to comply with the terms and conditions of this Contract and any of the following conditions exist: 1. The lack of compliance with the provisions of this Contract are of such scope and nature that the City of Yakima ONDS deems continuation of this Contract to be substantially non -beneficial to the public interest; 2. The Contractor has failed to take satisfactory corrective action as directed by the City of Yakima ONDS or its authorized representative within the time specified by same; 3. The Contractor has failed within the time specified by the City of Yakima ONDS or its authorized representative to satisfactorily substantiate its compliance with the terms and conditions of this Contract, then: The City of Yakima ONDS may terminate this Contract in whole or in part, and thereupon shall notify the Contractor of the termination, the reasons therefore and the effective date provided such effective date shall not be prior to notification to the Contractor. After this effective date, no charges incurred under any terminated portions are allowable. B. TERMINATIONS ON OTHER GROUNDS This Contract may also be terminated in whole or in part by mutual agreement of the parties. C. TERMINATION FOR WITHDRAWAL :FDUCTION OR LIMITATION OF FUNDING In the event that funding from the Federal government is withdrawn, reduced or limited in any way after the effective date of this Contract, and prior to its normal completion, the City of Yakima ONDS may summarily terminate this Contract as to the funds reduced or limited, nonwithstanding any other termination provision of this Contract. If the level of funding so reduced or limited is so great that the City of Yakima ONDS deems that the continuation of the program covered by this Contract is no longer in the best interest of the public, the City of Yakima ONDS may summarily terminate this Contract in whole nonwithstanding any other termination provisions of this Contract. Termination under this Section shall be effective upon receipt of written notice by the Contractor or its representative. The City of Yakima ONDS agrees to promptly notify the Contractor of any proposed reduction in funding by Federal or other officials. The Contractor agrees that upon receipt of such notice it shall take appropriate and reasonable action to reduce its spending in the affected funding area so that expenditures do not exceed the funding level which would result if said proposed reduction became effective. This Contract may further be terminated by the City of Yakima upon written demand by the City of Yakima ONDS for assurances that the terms of the Project Description are being timely complied with, if such assurances are not made to the City's satisfaction within thirty (30) days of the date of such written demand. 9 02/27/01 D. CJ OSE -OUT In the event that this Contract is terminated in whole or in part for any reason, the following provisions shall apply: 1. Upon written request by the Contractor, the City of Yakima shall make or arrange for payment to the Contractor of allowable reimbursable costs not covered by Drev,ous oavments. 2. The Contractor shall submit within thirty (30) days after the date of expiration of this Contract, all financial, performance and other reports required by this Contract, and in addition, will cooperate in a program audit by the City of Yakima or its designee. 3. In the event a financial audit has not been performed prior to close-out of this Contract, the City of Yakima ONDS retains the right to withhold a just and reasonable sum from the final payment to the Contractor after fully considering the recommendation on disallowed costs resulting from the final audit. XXIII COVENANT AGAINST CONTINGENT FEES The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established commercial or selling agency maintained by the Contractor for the purpose of securing business. The City of Yakima ONDS shall have the right, in the event of breach of this clause by the Contractor, to annul this Contract without liability or, in its discretion, to deduct from the Contract price or consideration or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee. XXIV RIGHTS IN DATA The City of Yakima ONDS may duplicate, use and disclose in any manner and for any purposes whatsoever, and have others so do, all data delivered under this agreement. The Contractor hereby grants to the City of Yakima, a royalty -free, non-exclusive, and irrevocable license to publish, translate, reproduce, deliver, perform, dispose of, and to authorize others to do so, all data now or hereinafter covered by copyright: Provided, that with respect to data not originated in the performance of this Contract such license shall be only to the extent that the Contractor has the right to grant such license without becoming liable to pay compensation to others because of such grant. The Contractor shall exert all reasonable effort to advise the City of Yakima ONDS, at the time of delivery of data furnished under this agreement, of all invasions of the right of privacy contained therein and of all portions of such data copied from work not composed or produced in the performance of this agreement and not licensed under this clause. The Contractor shall report to the City of Yakima ONDS, promptly and in written detail, each notice or claim of copyright infringement received by the Contractor with respect to all data delivered under this agreement. The Contractor shall not affix any restrictive markings upon any data, and if such markings are affixed, the City of Yakima ONDS shall have the right at any time to modify, remove, obliterate, or ignore such markings. XXV RULE OF CONSTRUCTION' In the event of an inconsistency in this contract/grant award unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: 1. Appropriate provisions of state and federal statutes and regulations including HUD Home Regulations. 2. General Terms and Conditions (Exhibit A). 10 02/27/01 3. Those attachments incorporated by reference herein, including the statement of work/project description, approved HUD grant budget, in the order in which attached, (Exhibit B), 4. City of Yakima Resolution No. R-2001-28 (Exhibit C), and 5. i111y VLI IGI VI VVIOIJI I VVI ICU !GI II IVVI NUI aLCU {Jy 1 l cI GI IVc 1 6111 VI VUl l VVI JG VI VVIUcIA that nothing herein shall be construed as giving preference to provisions of this contract/grant award over any provisions of law. XXVI GOVERNING LAW This Contract has been and shall be construed as having been entered into and delivered within the State of Washington, and it is mutually understood and agreed by each party hereto that this Contract shall be governed by laws of the State of Washington, both as to interpretation and performance. XXVII VENUE The venue for any action to enforce or interpret this Contract shall lie in the Superior Court of Washington for Yakima County, Washington. XXIII MODIFICATION Either party may request changes in this Contract, however, no change or addition to this Contract shall be valid or binding upon either party unless such change or addition be in writing, and executed by both parties, except budget adjustments as specified in Section IV of this Contract. XXIX SEVERABILITY It is understood and agreed by the parties hereto that if any part, term, or provision of this Contract is held by the courts to be illegal, the validity of the remaining provisions shall not be affected; and the rights and obligations of the parties shall be construed and enforced as if the Contract did not contain the particular provision held to be invalid. If it should appear that any provision hereof is in conflict with any statutory provision of the United States or the State of Washington, said provision which may conflict, therewith, and shall be deemed modified to conform to such statutory provision. XXX PROGRAM INCOME Any program income shall be accounted for by the Contractor, over the contract time period, shall be reported to the City. Income is to be used to continue or benefit the program, as determined by the intent and purpose of the project. XXXI CONFLICT OF INTEREST No member, officer, or employee of the City of Yakima, or the Contractor, or assignees or agents, no member of the governing body of the City of Yakima, and no other public official of the City of Yakima or such other localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any interest, direct or indirect, in any Contract or Subcontract, or the proceeds thereof, for work to be performed in connection with a City of Yakima Home funded program. XXXII RETURN OF HOME FUNDS The Contractor shall return to the City all monies provided hereunder by the City to the Contractor if any of the following occur: 11 02/27/01 1. The Contractor materially changes the primary purpose and scope of the HOME Project as described on Exhibit "B" to the Contract; or 2. The Department of Housing and Urban Development requires a 20 year "Affordability Period" from the date of execution of the Contract, and if the real property that is the subject of the HOME Project described on Exhibit "B" to the Contract is sold or transferred in ally way by the Contractor. actor. XXXIII PROJECT PROCEEDS HOME funds provided by the City of Yakima to the Contractor shall be repaid to the City at no interest from project cash flow if and to the extent that annual net operating income to the Contractor (after project operating expense and first lien debt service) exceeds ten (10) percent of the Contractors investment in the project (including equity and private lending) in any of the first five (5) years after issuance of a Certificate of Occupancy. 12 02/27/01 EXHIBIT "B" PROJECT DESCRIPTION 1. APPLICANT Name of Applicant Organization: Triumph Treatment Services Address: 102 S Naches Avenue Yakima, WA 98901 Telephone: 509-248-1800 Contact Person: Beth Dannhardt Position with Organization: Executive Director 2. LOCATION OF PROPOSED PROJECT (Map Provided to Identify Location) Address: 600 Superior Lane Yakima, WA 98902 Parcel#: 181314-33015 — Re -zoned from R1 to R3 on 12/06/98 City Target Neighborhood: Castlevale 3. SITE CONTROL (Provide Site Control Documents) EPIC has purchased this land now called EPIC Place. We and EPIC and two other agencies have formed a partnership. See Non -Binding Letter of Intention (Attachment A). See last page of agreement to explain ownership. Attached is also EPIC's real estate contract (Attachment B) for parcel. 4. SITE OCCUPANCY Are there currently buildings on the site? D Yes ® No EPIC has four buildings on the parcel providing youth services, including two residential cottages. See site for Riel House. Site plan attached (Attachment C). Are the buildings occupied? N/A # of tenants to be displaced by project implementation: Families 0 Commercial Tenants 0 D•\WPDocs\Transcription\BETH\CHDO Application 5. DESCRIPTION OF PROPOSED PROJECT a. ® Multi -family ❑ Rental ❑ Single family ❑ Single room occupancy ❑ Sales ❑ Lease/purchase ❑ Efficiency ❑ 1 Bedroom ❑ 3 Bedroom ❑ 4 Bedroom See attached (Attachment D). 6. ZONING Current zoning of site: See #2. Does current zoning permit proposed use? M Yes ❑ No 7. Nature of Proposed Project ❑ Rehabilitation ® New construction 8. NUMBER OF HOUSING UNITS Total number of apartments Total number of single family homes Total number of SRO rooms 16 Number of units reserved for HOME families at 60% to 80% of median income Number of units reserved for HOME families at 50% to 60% of median income Number of units reserved for HOME families at 50% of median income 16 (At least 20% of HOME assisted units) Number of units reserved for HOME families 16 D•\WPDocs\Transcription\BETH\CHODO Application t PROJECT DESCRIPTION EPIC Place is a five -acre youth and family campus located in Yakima Washington where a partnership of local health and social service agencies are building cottages to provide services collaboratively. The first phase is complete and includes four structures for one of EPIC's residential youth programs which-„nded through a S1,800,000 local capital campaign. were tui.uvu �.....»b.. , Phase II will include the addition of six new structures that will house five lead partners who will provide health and social services on the campus. Those agencies include; EPIC, Triumph Treatment Services, Yakima Neighborhood Health, Comprehensive Mental Health and the YMCA. Eventually the campus will serve as host to a variety of large and small agencies who are dedicated to serving youth and their families. This request is specifically for the construction: of a two-story structure for the operation of a residential substance abuse treatment program (Riel Mouse) that will be operated by Triumph Treatment Services. In 1998 Yakima City Council rezoned the EPIC Place property (parcel number 181314-33015) from a single family Residential (R-1) to a Multi -family residential (R-3) Class 2 for group homes, and professional offices. The campus replaced one of the last remaining orchards within the city limits of Yakima. EPIC retains right of ownership to twenty acres of remaining orchard until further development of low-income housing or phase three of the EPIC Place campus can take place. Structures on the campus are modeled after a 1930's style cottage featuring modest home -style design yet industrial strength amenities for heavy long-term use. The proposed cottage will be 16 bedrooms on two floors and common living space on the other. The cottage will be built adjacent a new child development center that has confirmed funding in June of 2000. The campus is located in the Castlevale district where poverty is prevalent. Most homes are rentals and those that are owned have lost value over time due to the growing poverty that has infused itself into the neighborhood. EPIC performed a door-to-door campaign before construction of EPIC Place in order to gain feedback from the local neighborhood. They expressed appreciation and support for new development in the declining neighborhood. The greatest validation came when not one complaint was lodged against the project during city hearings ... A rarity according to city council member, Phil Lamb. Since the completion of the first phase, surrounding homeowners have become eligible for home improvement loans for the very first time. A. Description of Household: The Riel House program is a specialized residential chemical dependency program for young pregnant and parenting mothers. The mothers continue to parent their children while receiving treatinent for their disease and learning new life skills including parenting training. The residents have exhausted all housing options and exist day-to-day before arriving at Riel House. In many cases, mothers and children are fleeing abuse. It is often a young woman's last chance at gaining control over the disease and retaining parental rights. Residents are either pregnant or parenting 1-4 children when they enter the program. Ages of the women range from (13-35) and their children are birth - 6. There are no rental fees associated with the program. Tenant incomes are strictly derived from TANF subsidies and funding for the program comes from DASA. The objective of the program is to provide a healthy lifestyle and chemical -free environment for women and their children while learning new coping and parenting skills. Adult life skills education is provided so residents may pursue work and long-term financial security as well. The program is currently housed in an older home that is grossly lacking in floor space for beds, counseling and children's activities. B. Description of Living Arrangement: The new structure will provide shared housing with on-site management for 16 women and up to 18 children at one time (90-100 over the period of one year.) There will be 16 private bedrooms for mother and child(ren) and common living areas for activities such as; group counseling, meals, childcare and parenting skills training. (Refer to attached floor plans) Riel House has served as a model program statewide and nationally for others seeking to develop comprehensive programs for this special population. Riel house serves females exclusively and is staffed by specially trained counselors. Some of the beds are reserved for adolescents as well. Specific programs are offered for the special concerns of the addict's family members. Among them is Tnumph's special family program entitled, "How to Cope." 4.Vi•.'Y..t.\vt": ; i:4 r 9r ksp E�t>tkl4Af88 ;h rA; °•ud.d„s ra+''AS!'i"fat5F4�`f"v:!� 9. PROGRAM NARRATIVE DESCRIPTION AND TARGET NEIGHBORHOOD RESIDENT INVOLVEMENT As stated in #5, The local neighborhood was talked to door -by -door and was universally supportive of the development of the campus. Since the building of the first buildings, property owners adjacent to the campus have cleaned up their property. Additionally, it has been reported that other owners in the area have been able to obtain refinancing of their properties, whereas before they had been refused. The partners of EPIC Place, including Triumph Treatment Services, are committed to providing a campus which is open to the neighborhood for access to services, meeting places, and recreational activities. We (the partners) recently completed two days of strategic planning which reinforces this commitment to the community (neighborhood). Included find sever) pages of the results of that planning (Attachment E). D:\WPDocs\Transcription\BETH\CHDO Application PROJECT FINANCIAL INFORMATION 10. PROJECT FINANCING Total Cost $1.161.505 CHDO Request $ 100,000 Other financing $ 1,160,505 CHDO request as % of total cost 8.6 % Source of loan: Presently exploring grant sources, including CHDO funds. Commitment status: Source of funds contact person: Total cost/unit $ 72,594 Grant amount: $ 800,000 CHDO cost/unit $ 6,243 Commitment status: Pending CHDO request from the City: Loan: 0 Grant: $100,000 Funds to be returned to the City: ❑ Yes ►=i No If yes, amount to be returned to the City: $ or $ per unit 11. NON-CHDO FINANCING TERMS Total amount — This is match for $800,000 DCTED Grant $ 319,720 Cash by applicant: (provide commitment of funds, with statement of source) $ 41,785 Loan amount: $ Interest rate: $ Term: years Source of loan: Presently exploring grant sources, including CHDO funds. Commitment status: Source of funds contact person: Telephone number: Grant amount: $ 800,000 Source of grant: DCTED Commitment status: Pending Source of funds contact person: Gary Hunter D:\WPDocs\Transcription\BETH\CHDO Application See Development Budget PROJECT COSTS (1) (1) Please note: The above analysis does not include operating funds. D \WPDocs\Transcription\©ETH\CHDO Application TOTAL COST COST/UNIT ACQUISITION: Land Land and Existing building Title and Recording Other (specify) HARD COST: Demolition Site Work Rehabilitation Construction Other (specify) RELOCATION: SOFT COSTS: Legal Fees Survey Architect Design Fee Architect Inspection Fee Engineering Fees Appraiser Accounting Other Professional Fees Insurance Marketing FINANCING COSTS: Credit Report Loan Origination Fee , Points Legal Other (specify) RESERVES: Rent Up Reserve Operation Reserve Maintenance Reserve Replacement Reserve DEVELOPER FEES: TOTAL PROJECT COST: (1) Please note: The above analysis does not include operating funds. D \WPDocs\Transcription\©ETH\CHDO Application CASH FLOW RENTAL PROJECTS See Attached Preliminary Operating Pro Forma Proposed Use of Net Income: Maintain property, replace furniture, fixtures, increase staff salaries. Services in Addition to Housing: See attached Support Services. D•\WPDocs\Transcription \BETH\CHDO Application PROJECT FINANCIAL INFORMATION DEVELOPMENT BUDGET Project Name: Riel House Cottage Acquisition Costs: Purchase Price Liens Closing, Title & Recording Costs Extension payment Other. SUBTOTAL Construction Basic Construction Contract Bond Premium Infrastructure Improvements Hazardous Abate. & Monitoring Construction Contingency (5%) $53,175 Sales Tax $0 Other Construction Costs._ $0 Other Construction Costs:________ SUBTOTAL $965,805 - Total Costs $106,810 Non Residential Housing Total " HFU Trs `Grants Triumph Treatment 106,810 0 0 0 0 $106,810 $0 $0— $0 $0 $0 $0 $0 $0 $106,810 $0` $0 $106,810' $0- 106810 $666, 400 $212,910 $0 $33,320 $666,400 $o- $0 $0 $33,320 Development Costs: Professional Appraisal Architect/Engineer Environmental Assessment Geotechnical Study Boundary & Topographic Survey Legal Developer Fee Project Management Technical Assistance Other Consultants: Other. SUBTOTAL Other Development Costs Real Estate Tax $0 $53,175 $212,910 $0. $0 $0 $752,895- $34,290' $1,200 $0 $22,290 $212,910- $04 $-x2,000' $1,200 $500 $900 $2,000 $12,000 $20,000 SO $500 $900 $2,000 $o $8,715 so 1 $12,000 $11,285 $0 $70,890 $0 SO $0` $35,605 $0 $35,285 666400 0 212910 0 33320 - 53175 0 0 965805 0 34289 1200 500 900 2000 12000 20000 0 0 0 70889 $o $o! 1 1 0 D\WPDocs\Transcription\BETH\CHDO Application Insurance Relocation Bidding Costs Permits, Fees & Hookups Impact/Mitigation Fees Development Period Utilities Construction Loan Fees Construction Interest Other Loan Fees LIHTC Fees Accounting/Audit Marketing/Leasing Expenses Carrying Costs at Rent up Operating Reserves Other SUBTOTAL Total Development Cost: "Match" $500 $500 $1,000 $1,000 $2,000 $2,000 $0 �C(M�( $6,5 0 $6,500 $0 $0 $0 $0 $0 $0 $0- so $8,000 _ $8, 000 so $0 $0 $o $0 $0 $0 $0 $0 $0 $0 $0 _ $18,000 $0 $11,500 $0 $6,500 j$1,161,5051 $01$800,0001$319,7201 $41,785' 348452 500 1000 2000 6500 0 0 0 0 8000 0 0 0 0 0 0 18000 1161504 D:\WPDocs\Transcription\BETH\CHDO Application PRELIMINARY OPERATING PRO FORMA Project Name: EPIC Place - Riel House Cottage REVENUES Residential Income (From Rent Level Form) Other Revenue Sources and Operating Subsidies Counseling & Case Management Year 1 Year 2 Year 3 Gross Rental Income = $0 $0 $0 Room and Board AFDC Grants Food Stamps Total Residential Income Vacancy Factor Less Vacancy (at 5%) Effective Gross Income = $527,945 $571,465 $618,572 $64,357 $69,662 $75,404 $37,895 $39,790 $41,779 $25,263 $26,526 $27,852 $655,460 $707,443 $763,607 $32,773 $35,372 $38,180 $622,687 $672,071 $725,427 EXPENSES Operating Expenses Heat $2,900 $3,270 $3,700 Electric $7,000 $7.900 $8,950 Water & Sewer $2,200 $2,480 $2,800 Garbage Removal $1,200 $1,350 $1,530 Contract Repairs $0 $2,400 52,690 Maintenance and janitorial $9,000 $10,125 $11,400 Replacement Reserve $41,868 $41,868 $41,868 Operating Reserve $0 $0 $0 Management $0 $0 $0 Off-site 5139,031 5145,982 $153,282 On-site $27,641 $29,023 $30,474 Insurance 51,250 $1,410 $1,600 Accounting 50 $0 $0 Marketing $0 $0 50 Other S0 $0' 50 Real Estate Taxes $0 50 50 Services (see details, Page 35) $349,628 .$378,448 $409,645 Tota! Expenses $572,058. $613,3.71 $655,594 Net Operating Income (income - Total Expenses) = 1$28,519 11$34,375 11$42,978 Debt Service Loan Rate Amortize- Term on Amount (%) tion (years) (years) Lender Lender Lender Total Debt Service - $0 Protected Gross Cash Flow = $28,519 $0 $0 $34,375 $42,978 1 D\WPDocs\Transcription\BETH\CHDO Application SUPPORT SERVICES There are several components to our program that meet the needs in dealing with the multiple issues that our women face while living in the program. These are educational and experiential groups on the following. These components are offered onsite by program counselors/case managers and outside community resources. How Support Services are provided: Chemical Dependency • Education surrounding the Biopsychosocial effects of drug and alcohol use on a women and her family - onsite. • Smoking Cessation Group - onsite. • Relapse Prevention Group - onsite. • I2 -Step (AA) participation, including obtaining and utilizing a sponsor and working the Steps - offsite. Core Issues and Life Skills • Bonding/affirmation group. • Nutrition class. • Group therapy three times a week. • Anger management, grief and loss, emotional healing. • Health education. • Life skills, including: Communication skills • Conflict resolution skills. • Adult education through Heritage College, GED, job readiness. • Domestic violence and co -dependence group. • Art therapy group. • Community meeting and peer positions to practice leadership skills. • Weekly individual counseling sessions with a CDC. • Referral for mental health counseling/care if indicated. Parenting - Weekly • Parenting education and support groups with a trained parent educator. • Individual sessions with parent educator to develop and work on individual parenting plans. • Use of community resources such as Growing Up Again to aid in re -parenting of self and parenting children and Strong Families to increase parenting skills. • Individual sessions with Personal Parenting to increase parenting skills. • Use of developmental testing and outside resources for the children=s individual needs - Onsite and Children=s Village • Availability of therapeutic childcare to aid in the child=s development - on campus. D•\WPDocs\Transcription\BETH\CHDO Application PROJECT SCHEDULE Action Target Date in Months from Project Approval (Project in process.) Site: Option Acquisition Non-CHDO Financing: Application Conditional Commitment Firm Commitment Design: Selection of Architect Preliminary Designs Final Designs Bidding: Advertise Open Bids Award Bid Construction: Begin Construction Complete Construction Rent Up/Sell Completed Completed Present August 2000 Completed Completed Completed Completed Completed August 2000 September 2000 April 2001 May 2001 D\WPDocs\Transcription \ BETH \CHDO Application PROJECT NARRATIVE DESCRIPTION See Attachment D of #5. The Riel House cottage is a single structure with common living space and 16 private bedrooms. It is a new structure expected to house approximately 50 women and their children over the course of one year (average length of stay is six months). All residents of this project are women enrolled in a pregnant, postpartum, and parenting women's residential treatment program. Their housing, board, counseling, and case management are covered by a Washington State Division of Alcohol and Substance Abuse (DASA) contract. Their eligibility for this program is based on them being pregnant, postpartum up to one year, parenting children up to the age of six, or attempting to regain custody of their children through Department of Children & Family Services and that they be at or below 185% of the federal poverty level when they enter the program. All women that have custody of their children have TANF grants that are used to subsidize their room and board and to provide funds for future transitional housing when they leave the program. Tenant Selection: The residents shall be chemically dependent low-income pregnant women with or without children and postpartum and parenting women with children. They may also be women seeking to reunite with their children in foster care. Client Eligibility: A. Pregnant/postpartum up to one year, parenting children under the age of six. Parenting women include those attempting to gain custody of children supervised by the Department of Children & Family Services. B. At or below 185% of the poverty level at the time of entry into treatment. All women are on TANF grants. Clients are women who have been assessed as chemically dependent. Program components addressing chemical dependency are provided in accordance with WAC 440-22 and its successor. The program is certified by DASA (Division of Alcohol and Substance Abuse) to provide intensive inpatient and long-term treatment services. These services include case management of all life skill areas along with case management of co-occurring disorders such as mental health issues, domestic violence, and eating disorders. Services shall be provided in accordance with Department of Health regulations as found in WAC 246-326 for Alcohol Treatment Facilities (ATF). D\WPDocs\Transcription\Beth\CHDO Application Management of the program is accomplished through personnel of Triumph Treatment Services. There is an onsite program manager who supervised all aspects of the program, including treatment. There are house managers who support the day-to-day functioning of the facility and provide support to the residents, including transportation. Triumph Treatment Services has a van available for transporting the residents. The overall management of the program is supported by the executive management team of Triumph Treatment Services, consisting of the Executive Director, Chief Financial Officer, Human Resource Administrator, and Programs Administrator. Facility Maintenance: The facility will be maintained in two ways: 1. Through a cooperative agreement for grounds and external facility maintenance with the other tenants of EPIC Place. 2. Triumph Treatment Services has its own maintenance department, which will maintain the interior of the facility. Triumph Treatment Services has had programs since 1961, and is experienced in the maintenance and upkeep of buildings. Triumph Treatment Services has a maintenance staff of four full-time employees and presently owns and maintains six buildings of various size and function. D\WPDocs\Transcription\Batts\CHDO Application CERTIFICATION I hereby certify that the above statements are true; that I am authorized to sign this application and to make these statements, on behalf of the applicant organization; and that the organization understands that misrepresentation of any facts which lead to the improper allocation and expenditure of public funds may result in legal action against the organization for retrieval of any such funds and appropriate penalties. Signed: 7<,? 'I /Oa ignature Date Beth Dannhardt Name (Typed or Printed) Executive Director Title Triumph Treatment Services Name of Organization D \WPDocs\Transcription\FJETH\CHDO Application EXHIBIT "C" RESOLUTION NO. R-2001 -28 A RESOLUTION approving a $50,000 grant request from Triumph Treatment Services to be made from federal HOME funds to assist with construction of affordable housing at EPIC Place site, and authorizing and directing the City Manager to execute all necessary grant documents, including a grant agreement, between the City of Yakima and Triumph Treatment Services. WHEREAS, the City of Yakima is a recipient of federal HOME investment Partnerships (HOME) funds which may be used to provide housing for low -moderate income persons, and WHEREAS, Triumph Treatment Services, a City of Yakima Community Housing Development Organization (CHDO), is requesting a grant of $50,000 in HOME funds to assist with affordable housing construction at the EPIC Place site, and WHEREAS, the City Council has determined that it is in the best interest of the City to authorize and approve the $50,000 grant request from Triumph Treatment Services to assist with affordable housing construction, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: A grant of $50,000 in HOME funds to Triumph Treatment Services for the purpose of assisting with construction at EPIC Place is hereby authorized and approved, subject to execution of a formal grant agreement between the City of Yakima and Triumph Treatment Services. The City Manager is hereby authorized and directed to execute all necessary grant documents, including a grant agreement, between the City of Yakima and Triumph Treatment Services. The final form of these documents shall be reviewed and approved by the City Attorney. ADOPTED BY THE CITY COUNCIL this 20th day of February, 2001 ATTEST: 3/ MARY P LAC Mary Place, Mayor Is/ KA`iT:N S. d du1Eh S, CMC City Clerk BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No.: For Meeting of: February 20, 2001 ITEM TITLE: Request from Triumph Treatment Services for $50,000 Grant from HOME Funds SUBMITTED BY:i Liam Cook, Director of Community and Economic Development CONTACT PERSON/TELEPHONE: William Cobabe, Neighborhood Development Services, Manager (575-6101) SUMMARY EXPLANATION: Triumph Treatment Services operates drug rehabilitation programs and provides affordable housing for area residents in recovery. Triumph Treatment Services is an eligible City of Yakima CHDO, and is requesting HOME funds in the amount of $50,000 to assist with the construction of an affordable housing complex located on the EPIC Place site in Fruitvale At the City Council Neighborhood Development Subcommittee meeting on January 30, 2001 this request was discussed and recommended to be forward for City Council approval. Resolution X Ordinance Funding Source: HOME Contract Other Specify APPROVAL FOR SUBMITTAL: PaCl'etiei 4 /11 City Manager STAFF RECOMMENDATION: Approval. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2001-28