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HomeMy WebLinkAboutR-2007-039 YWCA Grant Request from 2007 & 2008 HOME Fundst RESOLUTION NO. R-2007- 39 A RESOLUTION approving a $100,000 grant request from 2007 HOME funds and a $100,000 grant request from 2008 HOME funds to Yakima YWCA to be used in completing the expanded YWCA Women's Shelter, and authoring the City Manager to execute all necessary grant documents between the City of Yakima and Yakima YWCA. WHEREAS, the City of Yakima is an annual recipient of federal HOME funds; and WHEREAS, these funds are intended to be used for a variety of housing purposes that will benefit low and moderate income persons; and. WHEREAS, the Yakima YWCA has provided services to countless women and children over many years through their Women's Shelter program, among others; and WHEREAS, the YWCA is constructing a new facility for their administrative offices and an expanded Women's Shelter, including transitional housing for women and children; and WHEREAS, it is the desire of the Yakima City Council to support the Yakima YWCA in its efforts to serve local women and children; and WHEREAS. the YWCA presented this request to the ONDS Council Committee who approved it for submission to the full Council, now, therefore; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: 1. The Yakima YWCA is hereby awarded grants of $100,000 from it's 2007 HOME funds and $100,000 from it's 2008 HOME funds to be used in completing the expanded YWCA Women's Shelter; and 2. Staff is directed to prepare all necessary contracts and other documents to make this possible 3. The City Manager is hereby authorized to sign all necessary documents and contracts relating to this agreement. ADOPTED BY THE CITY COUNCIL this 3rd day of Apr. "007 City Clerk avid Edler, Mayor AGREEMENT BETWEEN THE CITY OF YAKIMA OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES 1. Contracting Organization: YWCA of Yakima (hereinafter "Contractor") 2. Address: 818 West Yakima Ave. 3. Phone: (509) 248-7796 4. Contact Person:Donna Hatton 5. Title of Service or Program being Funded: New YWCA Facility 6. Amount of Contract Award: $ 200,000 (HOME) 7. The term of this Contract shall commence upon execution hereof and shall terminate at midnight, April 2. 2009 , 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 govemed by the following: 1) 'Teens 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 alt attached hereto as Exhibit °B" and incorporated herein by this reference. 3) City of Yakima Resolution No: R-2007-39, A copy of which is attached hereto as Exhibit "C" and incorporated herein by this reference. 9. Final Contract payment shalt be subject to satisfactory completion of project described in Exhibit B, Contractor/Subcontractor lien releases, and satisfaction of alt 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. R.A. Zais, Jr., City Man ld ,C Contractor Title: t . ATTE City Clerk City Contract No.: 02008- 70 Date 47 Date qia,c10 Date EXHIBIT "A" TERMS AND CONDITIONS I DESIGNATION The City of Yakima, as recipient of a housing and community development grant from the U.S. Department of Housing and Urban Development, hereby designates Contractor to undertake, and the Contractor hereby agrees to undertake that certain community development or housing assistance project described in Exhibit aB", Scope of Work. II SUB -GRANT A. NOTICE TO PROCEED No work on the project shall occur prior to or without written approval from the City of Yakima Office of Neighborhood Development Services (ONDS). ONDS shall furnish the Contractor with written notice to proceed upon release of funds from HUD related to the project pursuant to 24 CFR Part 58. B. AMOUNT OF GRANT The City hereby sub -grants to the Contractor $ $200,000.00 for said project. III GENERAL BUDGET PROVISIONS The City reserves the right to hold payment until adequate documentation has been provided and reviewed. 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 aB" of this Contract, and alt 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 2 of 13 8/30/05 Contractor prior to the Contractor incurring any expenditures against the revised budget sub -object categories. 2. When the revision of the Contractor budget does n ot exceed tend must submit% ) of an approved budget sub -object category, thea 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 fumish 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 reimbursement performed under this contract in the manner prescribed in paragraph 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. Vit 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 3 of 13 8/30/05 RCW 43.51.750-.820 (Preservation of Historic Properties). 4. Architectural Barriers Act of 1968 as amended, 42 USC Section 4151 et seq., 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 of 13 8/30/05 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 of 13 8/30/05 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 City shall have the right to review and audit all records of the Contractor pertaining to any payment by the City. Said records shall be maintained for a period of five years after the completion of the project. D. The Contractor shall be required to make reasonable changes in the services as completed or to be completed if said services fall below the standards and specifications set forth in the Special Terms and Conditions, Project Description, or Statement of Work. XIII SAFEGUARDING OF CLIENT INFORMATION The use or disclosure by any party of any confidential information concerning a recipient or client for any purpose not directly connected with the City's or the Contractor's responsibilities with respect to services provided under this Contract is prohibited except on written consent of the recipient or client, his/her attorney or his/her responsible parent or guardian or as otherwise provided by law. XIV ASSIGNMENT AND/OR SUBCONTRACTING The Contractor shall not assign or subcontract any portion of the services provided within the terms of this Contract without obtaining prior written approval from the City. All terms and conditions of this Contract shall apply to any approved subcontract or assignment related to the Contract. XV STANDARDS FOR FISCAL ACCOUNTABILITY A. The Contractor agrees to provide project line item draw requests, annual verification of rents, annual audited financial statement to compare income and expenses, records, documents and accounting procedures which accurately reflect all direct and indirect costs related to the performance of this Contract. Such fiscal books, records, documents, reports and other data shall be retained in a manner consistent with the "Budgeting, Accounting, Reporting System for Counties and Cities, and Other Local Governments", hereinafter referred to as "BARS", as issued by the Office of State 6 of 13 8/30/05 Auditor, State of Washington. The Contractor further agrees that the City of Yakima ONDS shall have the right to monitor and audit the fiscal components of the organization to insure that actual expenditures remain consistent with the terms of this Contract. The Contractor shall retain all books, records, documents and other material relevant to the Contract for seven (7) years after settlement of this Contract. The Contractor agrees that the City of Yakima, the U.S. Department of Housing and urban Development, the Washington State Auditor, or their designees, shall have full access to and a right to examine any of said materials at all reasonable times during said period. B. The Contractor agrees that any contributions or payments made for services furnished under this Contract shall be used for the sole benefit of this program. 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 govemment. 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 govemment 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 7 of 13 8130/05 Code -Secured Transactions" as codified in Article 9A 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 results from negligence, willful misconduct, or tack 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 retumed 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 shalt 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 INSURANCE A. NO INSURANCE It is understood that the City does not maintain liability insurance for the Contractor and/or its employees, agents, officers, and subcontractors. B. COMMERCIAL LIABILITY INSURANCE On or before the effective date of this Contract, the Contractor shalt provide the City with a certificate of insurance as proof of liability insurance in the amount of One Million Dollars ($1,000,000.00) that clearly states who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect (any statement in the certificate to the effect of "this certificate is issued as a matter of information only and confers no right upon the certificate holder" shall be deleted). Said policy shall be in effect for the duration of this Contract. The policy shall name the City, its elected officials, officers, agents and employees as additional insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City thirty (30) calendar days prior written notice (any language in the clause to the effect of "but failure to mail such notice shall impose no obligation or liability of any kind upon the company" shall be crossed out and initiated by the insurance agent). The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide and admitted in the State of Washington. 8 of 13 8130105 C. COMMERCIAL AUTOMOBILE LIABILITY INSURANCE On or before the date this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance as proof of commercial automobile liability insurance with minimum liability [unit of One Million Dollars ($1,000 ,000.00) combined single limit bodily injury and property damage. Automobile liability will apply to "Any Auto" and be shown on the certificate. The certificate shall clearly state who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect (any statement in the certificate to the effect of 'this certificate is issued as a matter of information only and confers no right upon the certificate holder" shall be deleted). Said policy shall be in effect for the duration of this Contract. The policy shall name the City, its elected officials, officers, agents, and employees as additional insured/s, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City thirty (30) calendar days prior written notice (any language in the clause to the effect of "but failure to mail such notice shall impose no obligation or liability of any kind upon the company" shall be crossed out and initialed by the insurance agent). The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide and admitted in the State of Washington. D. WORKERS' COMPENSATION The Contractor agrees to pay all premiums provided for by the Workman's Compensation Act of the State of Washington. Evidence of the contractor's workers' compensation coverage will be furnished to the City. The contractor holds the City harmless for any injury or death to the contractor's employees while performing this Contract. E. INSURANCE PROVIDED BY SUBCONTRACTORS The Contractor shall ensure that all subcontractors it utilizes for work/services rendered under this Contract shall comply with all of the above insurance requirements. XXI INDEMNIFICATION AND HOLD HARMLESS All services to rendered or performed under this Contract wilt 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. Nothing in this section of the Contract shall be construed to create a liability or a right of indemnification in any third party. XXII CONTRACT, TERMINATION AND CLOSE OUT If the Contractor fails to comply with the terms and conditions of this Contract, the City of Yakima ONDS may pursue such remedies as are legally available including but not limited to, the termination of this Contract in the manner specified herein. A. TERMINATION FOR CAUSE If the Contractor fails to comply with the terms and conditions of this Contract and any of the following conditions exist: 1. The lack of compliance with the provisions of this Contract are of such scope 9 of 13 8/30/05 and nature that the City of Yakima ONDS deems continuation of this Contract to be substantially non -beneficial to the public interest; 2. The Contractor has failed to take satisfactory corrective action as directed by the City of Yakima ONDS or its authorized representative within the time specified by same; 3. The Contractor has failed within the time specified by the City of Yakima ONDS or its authorized representative to satisfactorily substantiate its compliance with the terms and conditions of this Contract, then: The City of Yakima ONDS may terminate this Contract in whole or in part, and thereupon shall notify the Contractor of the termination, the reasons therefore and the effective date provided such effective date shall not be prior to notification to the Contractor. After this effective date, no charges incurred under any terminated portions are allowable. B. TERMINATIONS ON OTHER GROUNDS This Contract may also be terminated in whole or in part by mutual agreement of the parties. C. TERMINATION FOR WITHDRAWAL, REDUCTION OR LIMITATION OF FUNDING In the event that funding from the Federal government is withdrawn, reduced or limited in any way after the effective date of this Contract, and prior to its normal completion, the City of Yakima ONDS may summarily terminate this Contract as to the funds reduced or limited, notwithstanding any other termination provision of this Contract. if the level of funding so reduced or limited is so great that the City of Yakima ONDS deems that the continuation of the program covered by this Contract is no longer in the best interest of the public, the City of Yakima ONDS may summarily terminate this Contract in whole notwithstanding any other termination provisions of this Contract. Termination under this Section shall be effective upon receipt of written notice by the Contractor or its representative. The City of Yakima ONDS agrees to promptly notify the Contractor of any proposed reduction in funding by Federal or other officials. The Contractor agrees that upon receipt of such notice it shall take appropriate and reasonable action to reduce its spending in the affected funding area so that expenditures do not exceed the funding level which would result if said proposed reduction became effective. This Contract may further be terminated by the City of Yakima upon written demand by the City of Yakima ONDS for assurances that the terms of the Project Description are being timely complied with, if such assurances are not made to the City's satisfaction within thirty (30) days of the date of such written demand. D. CLOSEOUT 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 previous payments. 2. The Contractor shall submit within thirty (30) days after the date of expiration of this Contract, all financial, performance and other reports required by this Contract, and in addition, will cooperate in a program audit by the City of Yakima or its designee. 10 of 13 8/30/05 3. In the event a financial audit has not been performed prior to closeout of this Contract, the City of Yakima ONDS retains the right to withhold a just and reasonable sum from the final payment to the Contractor after fully considering the recommendation on disallowed costs resulting from the final audit. XXIII COVENANT AGAINST CONTINGENT FEES The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established commercial or selling agency maintained by the Contractor for the purpose of securing business. The City of Yakima ONDS shall have the right, in the event of breach of this clause by the Contractor, to annul this Contract without liability or, in its discretion, to deduct from the Contract price or consideration or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee. XXIV CONFLICT OF INTEREST The City may, by written notice to the Contractor: A. Terminate this Contract if it is found, after due notice and hearing, by the City that gratuities in the form of entertainment, gifts, or otherwise offered or given by the Contractor, or agent or representative of the Contractor, to any officer or employee of the City of Yakima, with a view towards securing this Contract or securing favorable treatment with respect to the awarding or amending or the making of any determinations with respect to this contract. B. in the event this Contract is terminated as provided in (A) above, the City of Yakima shall be entitled to pursue the same remedies against the Contractor as it could pursue in the event of a breach of the Contract by the Contractor. The rights and remedies of the City of Yakima provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. C. The Contractor warrants and covenants that it presently has no interest and shalt not acquire any interest, directly or indirectly, which could conflict in any manner or degree with the performance of its services hereunder. The Contractor further warrants and covenants that in the performance of this contract, no person having such interest shall be employed. XXV RIGHTS IN DATA The City of Yakima ONDS may duplicate, use and disclose in any manner and for any purposes whatsoever, and have others so do, all data delivered under this agreement. The Contractor hereby grants to the City of Yakima, a royalty -free, non-exclusive, and irrevocable license to publish, translate, reproduce, deliver, perform, dispose of, and to authorize others to do so, alt 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. 11 of 13 8130/05 XXVI RULE OF CONSTRUCTION In the event of an inconsistency in this contract/grant award unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: 1. Appropriate provisions of state and federal statutes and regulations including HUD Home Regulations. 2. General Terms and Conditions (Exhibit A). 3. Those attachments incorporated by reference herein, including the statement of work/project description, approved HUD grant budget, in the order in which attached, (Exhibit B), 4. City of Yakima Resolution No. R-2007-39 (Exhibit C), and 5. Any other provisions whether incorporated by reference herein or otherwise provided that nothing herein shall be construed as giving preference to provisions of this contract/grant award over any provisions of law. XXVII GOVERNING LAW This Contract has been and shall be construed as having been entered into and delivered within the State of Washington, and it is mutually understood and agreed by each party hereto that this Contract shall be governed by laws of the State of Washington, both as to interpretation and performance. XXVIII VENUE The venue for any action to enforce or interpret this Contract shall lie in the Superior Court of Washington for Yakima County, Washington. XXIX MODIFICATION Either party may request changes in this Contract, however, no change or addition to this Contract shall be valid or binding upon either party unless such change or addition be in writing, and executed by both parties, except budget adjustments as specified in Section IV of this Contract. XXX SEVERABILITY It is understood and agreed by the parties hereto that if any part, term, or provision of this Contract is held by the courts to be illegal, the validity of the remaining provisions shall not be affected; and the rights and obligations of the parties shall be construed and enforced as if the Contract did not contain the particular provision held to be invalid. If it should appear that any provision hereof is in conflict with any statutory provision of the United States or the State of Washington, said provision which may conflict, therewith, and shall be deemed modified to conform to such statutory provision. XXXI PROGRAM INCOME Any program income shall be accounted for by the Contractor, over the contract time period, and shall be reported to the City. Income is to be used to continue or benefit the program, as determined by the intent and purpose of the project. XXXII RETURN OF 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: 12 of 13 8/30/05 Form 8A Residential Development Budget Acquisition Costs: Purchase Price Liens Closing, Title & Recording Costs Extension payment Other Additional Acquisition Fees SUBTOTAL Construction: Basic Construction Contract Bond Premium Infrastructure Improvements Hazardous Abate. & Monitoring Construction Contingency Sales Taxes Other Construction Costs: FFE Other Construction Costs: TI SUBTOTAL Development: Appraisal Architect/Engineer Environmental Assessment Geotechnical Study Boundary & Topographic Survey Legal Developer Fee Project Management Technical Assistance Other Consultants: See Notes Other Soft Cost Continoencv SUBTOTAL Other Development: Real Estate Tax Insurance Relocation Bidding Costs Permits, Fees & Hookups Impact/Mitigation Fees Development Period Utilities Construction Loan Fees Construction Interest Other Loan Fees (Impact Capital, State HTF, etc.) LIHTC Fees Accounting/Audit Marketing/Leasing Expenses Carrying Costs at Rent up Operating Reserves Replacement Reserves SUBTOTAL cre. d 8tio Total Project Cost Residential Total Capital Campaign & City of Yakima Yakima County HTF Foundations HOME 2060 $1,000,000 $684,619 $684,619 $0 50 $264,525 $0 $0 $0 $0 $7,465 $27,454 $18,796 518,796 $0 $0 $0 50 $748,139. $485,632 $1,730 $19,165 $13,121 513,121 $377,987 $245,359 $167,503 $1,046,619 $716,535 $716,535 $0 $0 $0 $4,609,603 $2,992,186 $2,042,725 $625,986 $184,843 $138,632 $0 50 $264,525 162,205.71 $0 $0 $7,465 4,577.49 $0 $0 $748,139. $485,632 $1,730 $485,632 $377,987 $245,359 $167,503 $51,331 $15,157 $11,368 $1"00,000 $64,912 $100,000 564,912 50 $0 $160,305 107,789 47 $5,835,729 $3,788,089 $2,210,229 $1,227,860 $200,000 5150,000_ 57,500. $5,135 $2,713 2,422.09 $657,399 $426,731 $264,525 162,205.71 $18,552 512,042 $7,465 4,577.49 $0 $0 $4,300 $2,791 $1,730 1,060.98 $20,000 $16,491 516,491 $413,993 $268,094 $100,000 $168,094 5413,993 5268,094 $160,305 107,789 47 $0 $0 $37,540 $295,153 $142,365 $28,883 113,481.84 $67,025 $43,507 $0 543,507 51,897,916 51,185,250 $565,620 $619,630 $0 $0 $0 $0 $0 - $30,000 $19,474 $12,071 7,402.16 $6,050 $3,927 1 $3,927 $0 $0 $62,584 $40,625 $25,183 15,441.89 $0 $0 $47,125 $30,590 $18,962 11,627.56 514,000 $4,792 $4,792 $94,833 $37,540 $37,540 573,000 $73,000 $73,000 $0 $0 $0 55,000 $3,246 53246 55,000 $5,000 $5,000 520,000 $20,000 $20,000 $38,000 538,000 1 $38,000 $31,048 $20,154 $20,154 $426,640 $296,347 5157,616 5138,731 $0 $0 otal Development Cost: 59,206,904 55,986,221 $3,650,000 51,986,221 $200,000 5150,000 Form 8A -Residential Development Budget 9 Form 8B Non -Residential Development Budget Acquisition Costs: Purchase Price Liens Closing, Title & Recording Costs Extension payment Other Additional Acquisition Fees SUBTOTAL Construction: Basic Construction Contract Bond Premium Infrastructure Improvements Hazardous Abate. & Monitoring Construction Contingency (_%) Sales Taxes Other Construction Costs: FFE Other Construction Costs: TI SUBTOTAL Development: Appraisal Architect/Engineer Environmental Assessment Geotechnical Study Boundary & Topographic Survey Legal Developer Fee Project Management Technical Assistance Other Consultants: See Notes Other Soft Cost Contingency SUBTOTAL Other Development: Real Estate Tax Insurance Relocation Bidding Costs Permits, Fees & Hookups Impact/Mitigation Fees Development Period Utilities Construction Loan Fees Construction Interest Other Loan Fees (Impact Capital, State HTF, etc.) LIHTC Fees Accounting/Audit Marketing/Leasing Expenses Carrying Costs at Rent up Operating Reserves Replacement Reserves SUBTOTAL !Total Non -Residential Cost: Non -Residential Total Non -Residential Capital Campaign & Foundations Services Facilities Program $0 $315,381 $315,381 $0. $0 $6,510 $0 $8,658 $0 $8,658 $262,507 $0 $1,509 $132,628- $6,044 $3,509 $6,044 $0 $35,088 $330,084 $315,381 $14,703 $0 $0 $1,617,417 $989,461 $627,956 $0 $0 $219,394 $0 $0. $6,510 $0 $0 $0 $262,507 $262,507 $1,509 $132,628- $132,628 $3,509 $0 $0 $35,088 $35,088 $7,883 $0 $145,899 $9,208 $2,047,640 $1,419,684 $627,956 $0 $0 $2,365. $2,365 $230,668 $219,394 $11,274 $6,510 $6,510 $0 $0 $1,509 $1,509 $3,509 $3,509 $145,899 $138,016 $7,883 $145;899 $145,899 $9,208 $0 $0 $152,788 $152,788 $0 $23,518 $11,882 $11,636 $712,665 $667,980 $44,685 $0 $0 - $0 $0 $10,526 $10,526 $2,123 $2,123 $0 $0 $21,959 $21,959 $0 $0 $16,535 $16,535 $9,208 $9,208 $57,293 $57,293 $0 $0 $0 $1,754 $1,572 $182 $0 $0 $0 $0 $10,894 $10,894 $130,293 $12,467 $117,827 $0 50_ Form 8B -Non -Residential Development Budget $3,220,683 10 $2,415,512 $805,171 $0 $0 YWCA of Yakima FORM 9B Financing Details PROJECT FUNDING SOURCES Bringing It Horne - S8U42 • Describe the current status of all funding sources to be used for this project identified in Form 1— Proj ect Summary. • Include a discussion of award conditions, date of funding availability, approval process, timing issues, etc. as applicable. The following sources have committed funding: Yakima County 2060 and City of Yakima HOME. All of the 2060 and HOME funding is currently available. The capital campaign/foundation efforts have raised over $2,300,000 thus far, a total of 56% of our total goal. We applied for and received a 2008 Washington Families Fund grant award under a partnership with Triumph Treatment Center and Yakima Neighborhood Health. This award provides ten years of support services funding for five of our transitional housing units. Also, the Washington State Legislature has committed $200,000 to the project. Were you denied funding by any entity? Yes RI • If you were denied funding, briefly explain why: The YWCA applied for Washington Families Funds, in partnership initially with the Yakima County Coalition for the Homeless and Next Step Housing and subsequently with Next Step Housing. The debriefing that followed denial of funding indicated that the project was not far enough along in development to be awarded services funding. The YWCA was encouraged to reapply when the project was under construction. We reapplied in partnership with Triumph Treatment Services and Yakima Neighborhood Health and were funded this year. We also applied for a Federal Home Loan Bank grant in 2007 and were denied. The debriefing that followed denial of funding indicated that for that particular funding round, the scoring was very high on all projects and our project barely missed an award. . Form 9B — Financing Details 1 March 2008 YWCA of -Yakima Bringing It Home- 38U42 Instructions: • List funding sources you considered applying for, but did not or will not apply for and why: Reason. for 'Not Applying Funding Source IITF FUNDING AND TERMS Indicate the amount of HTF funding necessary for your project (this number must agree with the amount entered on the development budget): $3,650,000 • Terms requested (grant, loan and interest rate): Due to the limited incomes of these clients (all will be at or below 30% of AMI, we are requesting a grant). • Please explain why you are proposing the terms above: All tenants in this project will be victims of domestic violence and their children. As such, they have limited resources to pay rent, utilities and other project operating costs. For this reason, this project cannot support a loan. MULTIPLE PROJECTS Check if your organization is submitting more than one application this funding round 1I Form 9B — Financing Details 2 March 2008 Instructions: • If your financing plan includes a capital campaign to raise additional capital funds, list the activities and benchmark dates (please indicate status on Form 4: Project Schedule): Activities Benchmark Dates Organization/Recruitment July -October, 2006 Cornerstone Gifts July 2006 -May 2008 Gifts October 2006 -May 2008 _Pacesetter Major Gifts November 2006 -May 2008 Gifts -In -Kind Committee October 2006- June 208 Community Gifts May 2007 -May 2008 Campaign Wrap -Up July 2008 IITF FUNDING AND TERMS Indicate the amount of HTF funding necessary for your project (this number must agree with the amount entered on the development budget): $3,650,000 • Terms requested (grant, loan and interest rate): Due to the limited incomes of these clients (all will be at or below 30% of AMI, we are requesting a grant). • Please explain why you are proposing the terms above: All tenants in this project will be victims of domestic violence and their children. As such, they have limited resources to pay rent, utilities and other project operating costs. For this reason, this project cannot support a loan. MULTIPLE PROJECTS Check if your organization is submitting more than one application this funding round 1I Form 9B — Financing Details 2 March 2008 YWCA of Yakima Bringing It Home- S8U42 .FORM 3 PROJECT DESCRIPTION HOUSEHOLDS TO BE SERVED • Describe the type of household to be served, special characteristics (e.g., age, disability, mental illness, etc), number of tenants, and living arrangements (e.g., individual apartments, shared housing, etc.) This project will serve high-risk victims of domestic violence at or below 30% of the area median income, with special emphasis on minority women who have been historically underserved due to cultural norms, values, and language barriers; women living in poverty; women with children; and women with special needs. The project will serve both single women and women with children. Currently, no transitional housing specifically designated for domestic violence survivors exists in Yakima. The transitional housing component will provide 16 furnished, self-contained units. The units consist of studios (3), 1 -bedroom (6), 2 -bedroom (3), and 3 -bedroom (4). There will be an enclosed exterior courtyard, providing both green space and a children's play area. The project will also provide critically needed expansion of emergency family crisis services, increasing the current number of beds from 29 to 44. Each unit will have capacity for three beds and its own bathroom. The shelter will have shared kitchen facilities, enclosed exterior courtyard to be used as a play area for children and green space for families, and common areas for reading, television, games, and conversation. PROJECT CHARACTERISTICS • Provide a detailed description of the proposed design, construction, rehabilitation, and/or other improvements. • Describe on-site amenities (e.g., community space, computer labs, on-site daycare) • Be sure to describe any project characteristics that address special needs of the targeted population you intend to serve. Detailed Description The existing property consists of two commercial buildings, formerly used as a nursing home and retirement manor. Total square footage is 38,863. The scope of the construction and rehabilitation work includes upgrading of mecha.nical and electrical systems; reconstructing or reconfiguring some of the interior walls on north wing to accommodate transitional housing units; replacing kitchen fixtures in south wing; replacing some interior doors, repairing others; constructing exterior fencing on east side of building for security purposes; replacing floor coverings, carpet, tile; replacing all exterior glass doors with solid security doors. South Building (Emergency Shelter): Mechanical and electrical systems will be upgraded to meet code requirements; security system, including cameras and monitors will be installed; existing elevator will be upgraded for compliance with present codes; exterior courtyard hard surface and landscaping will be replaced; a new barrier free accessible restroom and an exterior ramp into the courtyard will be installed; all new/remodeled doors will have lever -style hardware; new paint, carpet, window coverings will be provided; entrance doors will be replaced to address security issue; Floor insulation will be added; new flooring in basement; reuse bathroom fixtures where possible; replace flooring in all bathrooms. Form 3 — Project Description 1 March 2008 YWCA of Yakima Bringing It Home- S8 U42 North Building (Transitional Housing and Administrative space): entrance doors will be replaced and a handicap accessible ramp installed; electrical and mechanical systems will be entirely redone, then suspended ceilings installed to provide space to run conduit and piping; all interior walls, flooring, ceiling finishes, cabinets and windows will be replaced. A new exit stairway as required by code will be built to serve the main and second floors and the basement. A new security system will be installed and the fire sprinkler system upgraded to meet code requirements. The existing elevator will be upgraded to be in compliance with present code. A new barrier free accessible restroom for public use will be installed; all new/remodeled doors will have lever -style hardware. On the exterior, window awnings will be installed for energy efficiency and security; new sidewalk and gutters on Yakima and Ninth Avenues, to lower the grade so basement exit is flush with sidewalk. Will replace existing trees with new trees that have City of Yakima approved root cages. New handicapped accessible ramps will be installed at the front entry, at the rear main level exit to alley and at the basement exit to alley. On-site amenities One of the unique aspects of this project is the ability to provide many services on site. In addition to the shelter and transitional housing units, the project will offer on site case management, life skills classes, youth programs, educational and job training opportunities, and connections to other community resources. Also, two fully -enclosed exterior courtyards will provide safe, healthy play areas for children and green space for all families to enjoy. Inside, children will have dedicated space for games, free play, creative classes in a space designed just for them. Community space is provided on the second floor in the transitional housing building. There are meeting rooms, classroom space and a computer technology lab, all designed to accommodate not only YWCA clients but public participants as well. Project Characteristics that Address the Special Needs of the Domestic Violence Survivor Population. Due to the high risk population we intend to serve, project plans include incorporating the Crime Prevention Through Environmental Design recommendations as provided by the Yakima Police Department in October 2006. These recommendations include minimum 7' high fencing; shatter -proof window glass or window grilles for added security; window coverings which allow light but limited visibility from the outside; existing grilles at basement windows re -secured; remove and/or prune trees at the south perimeter to avoid access from outside; exterior security lighting and cameras installed. SITE/PARCEL CHARACTERISTICS • Describe the project site/parcel (topography, vegetation, structures and what is to become of them) • For rehab projects describe the existing buildings to be rehabbed (i.e., age of building(s), size, number of stories, type of construction, physical condition, layout of buildings, and other unique features ) The property is compnsed of two buildings, built in 1955 & 1965 respectively, and combined into one large building. One unique feature of the second floor is a 3 -bedroom residence which was foimerly the owner's residence located at street level and during the addition to the building in 1965 the house was relocated atop the addition. The buildings total 38,164 square feet. Prior use was as a nursing home and an assisted living facility. The nursing home facility was closed in early 2000. The assisted living area provided 18 assisted living units and was closed in August 2006. Form 3 — Project Description 2 March 2008 YWCA of Yakima Bringing It Home- S8U42 The buildings have a concrete foundation, brick and concrete/gravel panels on north facing exterior walls and stucco on the south facing exterior walls. Roof is hot mop covered with gravel. The finish in the upper level is lower quality panel walls and partial glue down carpet with wood sash, vinyl and commercial grade carpet on interior floors; interior partitions are drywall, with single pane aluminum windows. There are two elevators in the buildings, and a sprinkling system for fire protection. The north section of the basement is connected to the south section via a 63 foot sloped hallway. The windows are single pane with aluminum sash. Both buildings have finished basements. The older building has a gas fired boiler system with individual heating units in each room. The newer building has forced air heat with air conditioning. The plumbing & wiring in buildings are in useable condition; bathrooms, except for replacing toilet fixtures, are in good working order and will require little renovation; exterior surfaces are sound, including two fully -enclosed courtyards. NEIGHBORHOOD CHARACTERISTICS AND AMENITIES • Describe the property location, neighborhood, transportation options, local services and amenities. In the case of scattered site rentals, if a site has not been identified, describe the characteristics of the location being sought and document the availability of applicable sites and the timeline for obtaining site control. The property has easy access from West Yakima Avenue which fronts the north side of the property and from South 9th Avenue which borders the west side of the property. There is also access via an alley that borders the east side of the site. City water and sewer are available and connected to the site as well as natural gas, public telephone and public electrical service. Public transportation is provided by the Yakima Transit System, which is available directly outside the front door. This conveniently located downtown facility is within one block of Yakima Regional Hospital, a major employer in Yakima. Also within a six -block radius are a 144 -unit convalescent center, Cornerstone and Yakima Medical Centers, Yakima National Bank, Davis High School, churches, and many medical/dental clinics. The Scarborough Fair Mall is within two blocks with a host of retail shopping including Long's Drugs, ethnic groceries, fast food restaurants, a beauty salon, and electronics and other specialty stores. Another shopping plaza directly across Yakima Avenue has Wells Fargo Financial, Best Uniforms, Cingular Wireless, Planet Sun and Teriyaki Grille. Court, police and sheriff and social services are within 2 miles from the project. .The surrounding land is pnmarily commercial, with a variety of retail services to the north of Yakima Avenue. Keith & Keith Funeral Home is located directly across 9th Avenue to the west. There is a large multi -story apartment complex located adjacent and to the east of the property. There are numerous other multi -family apartment complexes scattered throughout the neighborhood as well as older single-family dwellings located between the main thoroughfares. Yakima Regional Hospital is located one block to the south and First Presbyterian Church is located one block east of the property. Form 3 — Project Description 3 March 2008 YWCA of Yakima CAPITAL NEEDS ASSESSMENT Bringing It Home- S8U42 • A written -Capital Needs Assessment (CNA)' prepared by .an independent professional third: party is required for projects that will rehabilitate existing multi - family buildings. • The: exception: is a. gut rehab— no CNA. is required in this: case. • The CNA must include a scopeof work:with a: cost. estimate that includes the Evergreen Standard features- selected for your project and.a life cycle analysis' that provides recommendations for capital and/or annual reserve. contributions. • For more information, see Section 205.9of the Housing Trust Fund Guideline and Procedure. Handbook. • Be sure to include all items selected on the Evergreen Standard Checklist. • Summarize the scope of work contained in the CNA, including health and safety measures, critical systems improvement measures and additional rehab. • Include the cost with a page number reference. • If the scope of work proposed m this application differs from the CNA, provide an explanation. What is the dollar amount recommended for capitalization of replacement reserves? - This amount should be reflected in the development budget. - $31,048 What is the page number in the CNA where this figure is found? Page number 3 What is the dollar amount recommended for annual contributions to replacement reserves? - This amount should be reflected in the operating budget. - $ 31,048 What is the page number in the CNA where this figure is found? Page number 3 • What percentage of the units was physically inspected? • If less than 100%, provide an explanation. 100% of the units were physically inspected. Form 3 — Project Description 5 March 2008 0 c 0 N 4RP PEP LEPEL CO. P. POIAPIL CAI( vntc II''III i II'. Lir �-� "L,' PrP Pumf u_c III Pro, Ixf nrn !tom CP MN rt e1olo,R .,. O FIRST FLOOR PLAN or = l'—o" NED FIRST FLOOR PLAN YAKIMA YWCA RENOVATION OCT. 09. 2006 06-05 QmrT,ao> — PR -1 A c H r Jr t — — — — L—J —1 Li LJ .x M • \ o kno \ \ \ i—� o "VOW M[ cs•vc C 0 0 FITT ARO Ih BELOW .1111111 mnnlw S�TS� crt�-`r I SECOND FLOOR PLAN I/13 = 1—O• NED • YAKIMA YWCA RENOVATION 5 0 0 0 C) 00 OCT. 6. 2006 .0 06-05 \cAL / PR— 2 [+I[ LI SinP Ar, STOP ACE S,oRAGE CRAWL SPACE rnURT.APO APO'E CUTOUE STO. OP SPPI RP StnPAOF oCJ =n=9 F�11 ,moi Mcrnws J L' IIL' BASEMENT FLOOR PLAN CPAWT. SPACE DUET sa. j. CFAP,, SPACE RENOVATION EXISTING BASEMENT PLAN OCT. 09. 2006 06-05 1/0w....I -0 PR -3 RESOLUTION NO. R-2007- 39 A RESOLUTION approving a $100,000 grant request from 2007 HOME funds and a $100,000 grant request from 2008 HOME funds to Yakima YWCA to be used in completing the expanded YWCA Women's Shelter, and authoring the City Manager to execute all necessary grant documents between the City of Yakima and Yakima YWCA. WHEREAS, the City of Yakima is an annual recipient of federal HOME funds; and WHEREAS, these -funds are intended to be used for a variety of housing purposes that will benefit low and moderate income persons; and WHEREAS, the Yakima YWCA has provided services to countless women and children over many yearsthrough their Women's Shelter program, among others; and WHEREAS, the YWCA is constructing a new facility for their administrative offices and an expanded Women's Shelter, including transitional housing for women and children; and WHEREAS, it is the desire of the Yakima City Council to support the Yakima YWCA in its efforts .to serve local women and children; and WHEREAS. the YWCA presented this request to the ONDS Council Committee who approved it for submission to the full Council, now, therefore; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: 1. The Yakima YWCA is hereby awarded grants of $100,000 from it's 2007 HOME funds and $100,000 from it's 2008 HOME funds to be used in completing the expanded YWCA Women's Shelter, and 2. Staff is directed to prepare all necessary contracts and other documents to make this possible 3. The City Manager is hereby authorized to sign all necessary documents and contracts relating to this agreement. ADOPTED BY THE CITY COUNCIL this 3rd day of April, 2007 /s/ DAVID FDI FR David Edier, Mayor Attest: SI Deborah J. Moore City Clerk RECEIVED APR 1 3 2007 OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES Memo From: Finke, John To: Cook, Bill Sent: Monday, March 26, 2007 Subject: Yakima YWCA Project Proposal I met with Common Ground to go over the Yakima YWCA project this morning. My observations are as follows: • The requested HOME / CDBG funding, while needed to achieve a score sufficient to receive Low Income Housing Tax Credit (LIHTC) and State of Washington Housing Trust Fund commitments, is also necessary to complete the project. • The level of local HOME and CDBG funding ($200,000) is very modest for a project costing over $9.6 million. This leverage of local public funds is quite significant. • The project will have over $2,000,000 in equity from foundations and another $2,000,000 in local capital campaign funding. • Additionally the project projects New Markets Tax Credit equity of over $550,000. • Finally, without a commitment of local public funding the $3,000,000 in combined Trust Fund and LIHTC allocation would almost certainly be lost. Call me if you have questions. John Finke, Director, National Development Council BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. `i For meeting of: April 3, 2007 ITEM TITLE: A Resolution approving a $100,000 grant request from 2007 HOME funds and a $100,000 grant request from 2008 HOME funds to Yakima YWCA to be used in completing the expanded YWCA Women's Shelter, and authorizing the City Manager to execute all necessary grant documents between the City and the Yakima YWCA. SUBMITTED BY: William R. Cook, Director of Community and Economic Development CONTACT PERSON/TELEPHONE: Bill Cobabe, ONDS Manager, 575-6101 SUMMARY EXPLANATION: The Yakima YWCA has been a long time provider of vital services to Yakima women. Especially important is their battered women's shelter. The existing shelter is old, in poor condition, and of inadequate size. The YWCA has purchased the former nursing home located at 818 West Yakima Ave. Part of this building will be used as their relocated offices; most will become the new women's shelter. With a total projected development cost of $9,604,029, the new facility will improve the downtown area, enhance the ability of the YWCA to provide services, and serve as a haven to countless women and children in time of crisis. The YWCA has requested from the City a total of $200,000, to be drawn from HOME funds. Additional information about the project, funding, and the YWCA is provided in supplemental material included with the Council packet. The YWCA presented information on the project to the Council Neighborhood Development Committee on March 27, 2007. The Committee approved the project for presentation to the full Council, with a recommendation for approval of the YWCA's request. Resolution X Ordinance Other (Specify) Contract Mail to (name and address): Phone: Funding Source HOME federalfirft0 APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Approve BOARD/COMMISSION RECOMMENDATION: Approve COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2007-39