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HomeMy WebLinkAbout07/10/2018 06L Temporary Homeless Encampment Water and Sewer Services Agreement with YVCOGBUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT 1 Item No. 6.L. For Meeting of: July 10, 2018 ITEM TITLE: Resolution authorizing a contract with YVCOG to accept up to $238,000 of Local Recording Fee Funding for the purpose of extending utilities to city owned property accommodating a homeless encampment SUBMITTED BY: Cliff Moore, City Manager Sara Watkins, Senior Assistant City Attorney Joan Davenport, Community Development Director SUMMARY EXPLANATION: On May 31, 2018 the YVCOG Executive Committee approved the City of Yakima's request for $100,000 to be used to extend public water and sewer to the City owned property where Camp Hope will be located , adjacent to the City Wastewater Treatment Plant. The funding source is Local Filing Fees, sometimes referred to as "2163" Funds. This first funding request is necessary in order to have engineering plans and project estimates prepared by a professional engineering company. Actual construction costs will necessitate additional funding, but plans and costs are not yet fully known. It is anticipated that the cost of providing public water and sewer to Camp Hope will be approximately $238,000. The attached contract with YVCOG is for $100,000 and will be used immediately to engage a professional engineer and begin the procurement process. A supplemental contract will be presented to City Council in the near future, for construction, when actual costs and timelines are prepared. ITEM BUDGETED: STRATEGIC PRIORITY: APPROVED FOR SUBMITTAL: STAFF RECOMMENDATION: Adopt resolution. BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date 0 Resdution 7/2/2018 0 YVCOG Contract for $100,000 7/2/2018 Type Resolution act 2 A RESOLUTION RESOLUTION NO. R -2017 - authorizing the City manager to execute a contract with Yakima Valley Conference of Governments in the amount of $100,000.00 for water and sewer services to the temporary homeless encampment. 3 WHEREAS, the City of Yakima currently leases property to Transform Yakima Together, a religious organization, to operate a temporary homeless encampment; and WHEREAS, the property is not serviced by water or sewer utilities, and Transform Yakima Together has requested that water and sewer service be brought to the property to better and more efficiently serve the homeless at the temporary encampment; and WHEREAS, Yakima Valley Conference of Governments ("YVCOG") is the agency charged with distributing homeless funding, including funding for homeless from filing fees as required by the Washington State Legislature (i.e. 2163 funds); and WHEREAS, the City agrees to coordinate and oversee the design and construction of water and sewer utilities to the temporary homeless encampment, as well as the design of water and sewer utilities to a parcel Northeast of the temporary encampment that may serve as a permanent homeless shelter; and WHEREAS, the City, YVCOG and Transform Yakima Together understand and agree that the City does not have any funds to expend, and will not expend any funds towards the design, construction or connection of the services; and WHEREAS, it is contemplated that this contract will be amended to increase the funds available once the design of the system is finished and the parties have a more accurate idea of the total costs of the expansion of the services to the temporary homeless encampment; and WHEREAS, providing public water and sewer services to the temporary homeless encampment will provide those using the temporary encampment a cleaner camp by removing temporary toilet and handwashing facilities, and provide an opportunity for those using the temporary encampment to have additional running water for showers and cooking; and WHEREAS, the City Council of the City of Yakima finds that it is in the best interests of the residents and the City to enter into an agreement with YVCOG for funding for water and sewer facilities to be expanded to the temporary homeless encampment located adjacent to the wastewater treatment plant, including design for a system that could also service a permanent facility on adjacent property; now, therefore, 4 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute the Agreement Between Yakima Valley Conference of Governments and City of Yakima for the 2018-2019 Capital Improvement Project for Permanent Water/Sewer Service Installation. A copy of the agreement is attached hereto and fully incorporated herein. ADOPTED BY THE CITY COUNCIL this day of , 2017. ATTEST: Kathy Coffey, Mayor Sonya Claar Tee, City Clerk 5 AGREEMENT BETWEEN YAKIMA VALLEY CONFERENCE OF GOVERNMENTS AND CITY OF YAKIMA IN CONJUNCTION WITH PROGRAM YEAR 2018 for the CONSOLIDATED HOMELESS GRANT (CHG) & HOMELESS HOUSING AND ASSISTANCE FUND (HHAF) 1. Grantee CITY OF YAKIMA 2. Contract Amount $100,000 3. Tax ID # 91-6001293 4. Grantee's Authorized Representative Scott Schafer, Director of Public Works 129 N. 2°a Street Yakima, WA 98901 5. YVCOG Program Representative Crystal Testerman, Program Manager 311 N. 4th Street, Ste. 204 Yakima, WA 98901 6. Grantee's Financial Representative Jeanne Thompson 129 N. 2w Street Yakima, WA 98901 7. YVCOG's Contract Representative Lance Larsen, Financial Coordinator 311 N. 4th Street, Ste. 204 Yakima, WA 98901 8. Contract #/Project Type: COY — Capital 2018-2019 Capital Improvement Project 9. CONTRACT START DATE July 1, 2018 10. CONTRACT END DATE June 30, 2019 11. Original Grant Amount $100,000 12. Modification Amount 14. Funding Authority Local Surcharge Filing Fees (2163) 13. TOTAL CONTRACT AMOUNT $100,000 15. State/Federal BARS code 001-712-514-50-313 16. CFDA # N/A 17. Grantee Selection Process: (check all that apply) ❑ Sole Source ❑ Competitive Bidding/RFP ❑ Pre -Approved by Funder ✓ Other: Request made to YVCOG Executive Committee 18. Grantee Type: (check all that apply) ✓ Public Organization/Jurisdiction ❑ Contractor ❑ Subrecipient ❑ Non -Profit Grant Purpose: This grant is designed to support an integrated system of housing assistance that can immediately address the need of a household or individual experiencing homelessness, in turn connecting them with the resources needed to end that homeless episode. Funded projects will support Yakima County's 5 -Year Homeless Plan to Make Homelessness Brief and Rare through innovative practices that limit barriers to entry and prioritize unsheltered clients. YVCOG and the GRANTEE, as identified above, acknowledge and accept the terms of this Agreement and attachments and have executed this Agreement on the date signed, to start as of the date and year referenced above. The rights and obligations of both parties to this Agreement are governed by this Agreement and the following other documents incorporated by reference: (1) Terms and Conditions, (2) Project Scope of Work, (3) Guidelines for Homeless Housing and Assistance Fund (HHAF) (FACE SHEET) 6 This Contract contains the terms and conditions agreed upon by the parties and all documents attached or incorporated by reference, include Basic Interagency Agreement or its successor. No other understandings or representations, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or bind the parties. The parties signing below warrant that they have read and understand this Contract and have authority to enter into this Contract. CITY OF YAKIMA Grantee Authorized Agent Date Attest: City Representative YAKIMA VALLEY CONFERENCE OF GOVERNMENTS James A Restucci, Chairman Date Lauris C. Mattson, Executive Director Date Attest: Jodi Smith, Office & Comm. Specialist Approved as to form: YVCOG Attorney WSBA# TERMS AND CONDITIONS SECTION NO. 1: PERFORMANCE 7 The GRANTEE will be responsible for administering the Capital Improvement Project for Permanent Water/Sewer Service Installation in a manner satisfactory to the YVCOG, and in accordance with the GRANTEE's Project Scope of Work, submitted to the Yakima Valley Conference of Governments (YVCOG), as well as the Yakima County 5 -Year Homeless Plan incorporated herein by reference. All parties acknowledge that this is a first phase of a two phase project to ultimately bring water and sewer utilities to a piece of land owned by the City of Yakima which could serve as a location for a permanent low barrier emergency homeless shelter or other type of homeless shelter in the future. This contract covers the design of the entire system (phase 1 and phase 2) but only the construction of phase 1. Phase 2 construction may be covered in a separate agreement when necessary. The YVCOG will monitor the performance of the GRANTEE against the information provided in the GRANTEE's Project Scope of Work, spend down of grant funds, and all other terms and conditions of this Agreement. Substandard performance as determined by the YVCOG will constitute noncompliance with this Agreement and shall result in action which may include, but is not limited to: the GRANTEE being required to submit and implement a corrective action plan, payment suspension, funding reduction, or grant termination. If action to correct such substandard performance is not timely undertaken by the GRANTEE within a reasonable period of time after being notified by the YVCOG, Agreement suspension or termination procedures will be initiated. It is the intent of the YVCOG to continue funding for this Program for the term of this Agreement based upon performance and funding availability, but continuation of the Program is solely based upon the discretion of the YVCOG and entirely contingent upon receipt of State and Local grant funds specifically allowed for this Program. A. PROGRAM DELIVERY The GRANTEE agrees to provide the following Program services: Project Description: Water/Sewer Service Installation Project Type: Capital Improvement Projected # of Households Served: Camp Hope Residents — approximately 120 clients daily SECTION NO. 2: TIME OF PERFORMANCE The term of this Agreement shall commence as of the date printed on the FACE SHEET and shall terminate on the date printed on the FACE SHEET, unless terminated sooner, or extended by agreement of the parties. SECTION NO. 3: BUDGET The initial budget is ONE HUNDERED THOUSAND AND NO/100 DOLLARS ($100,000) through JUNE 30, 2019 . The parties understand and agree that there is no engineered design for the improvements at the time this contract is entered into and, therefore, the project may cost in excess of $100,000.00. The parties shall renegotiate this Agreement if the estimate for the cost of design of the two phases and construction of phase 1 exceeds a total cost of $100,000.00. This agreement does not infer or imply that any funding in excess of the initial $100,000 contract is either committed at this time or may be available in the future. In no event will GRANTEE be responsible for costs of any portion of the improvements, including, but not limited to design, permit fees and construction of the water and sewer service. Category Amount Admin (Indirect) $6,000 Capital Expense $94,000 TOTAL $100,000 8 SECTION NO. 4: PAYMENT YVCOG shall reimburse GRANTEE for all things necessary, or incidental to the performance of services as set forth in Section No. 1 of this Agreement. GRANTEE's reimbursement for services set forth in Section No. 1 of this Agreement shall be in accordance with the terms and conditions outlined in the BUDGET chart located in Section No. 3 of this Agreement (above), as well as in accordance with the Program performance requirements. The YVCOG reserves the right to revise this amount in any manner which YVCOG may deem appropriate, to account for any future fiscal limitations affecting the YVCOG, with prior notice to GRANTEE. SECTION NO. 5: NOTICES A. Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as afore said shall be effective on the date of delivery. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice between the YVCOG and GRANTEE. B. Communication and details concerning this Agreement shall be directed to the Agreement representatives as identified on the FACE SHEET. SECTION NO. 6: LOCATION OF PROJECT Capital Improvement Project is for the purpose of serving homeless clients in the City of Yakima at the location: Beginning at the Southwest Corner of Tract 40, as described on Record of Survey, recorded under Auditors File No. 7718968, records of Yakima County, Washington; thence N 0°15'41" E 75 feet; thence S 89°44'19" E 10 feet, to the point of True Beginning; thence N 0°15'41" E 345 feet; thence S 89°44'19" E 280 feet; thence S 0°15'41" W 345 feet; thence N 89°44'19" W 280 feet, plus or minus, to the point of True Beginning SECTION NO. 7: GENERAL CONDITIONS A. DOCUMENTATION AND RECORD KEEPING 1) Records to be Maintained The GRANTEE shall maintain all records pertinent to the activities to be funded under this Agreement. Such applicable records shall include, but not be limited to: a. All records and documents for expenses incurred and work undertaken for the project. b. All documents, records and certifications regarding compliance with bid, prevailing wage, and other applicable conditions or requirements governing the public work and project. c. Other records necessary to properly and thoroughly document compliance. 2) Retention The GRANTEE shall retain all financial records, supporting documents, statistical records, and all other records pertinent to this Agreement for a period of six (6) years. The retention period begins following the date of final payment. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and have commenced before the expiration of the six- 9 year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the six- year period, whichever occurs later. B. "INDEPENDENT CONTRACTOR" Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the PARTIES. The GRANTEE shall, at all times, remain an "independent contractor" with respect to the services performed under this Agreement. The YVCOG shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the GRANTEE is an independent contractor, and thus GRANTEE is solely responsible. C. WORKERS' COMPENSATION. The GRANTEE shall provide statutorily sufficient Workers' Compensation Insurance coverage for all subject employees involved in the performance of this Agreement. F. AMENDMENTS/MODIFICATION. The YVCOG or GRANTEE may amend this Agreement at any time, provided that such amendments make specific reference to this Agreement, and are executed with the same formality as this Agreement, in writing and signed by a duly authorized representative of each PARTY. Such amendments shall not invalidate this Agreement, nor relieve, or release the PARTIES from obligations under this Agreement. G. SUSPENSION OR TERMINATION. The YVCOG may suspend or terminate this Agreement if the GRANTEE materially fails to comply with any terms of this Agreement, which include (but are not limited to) the following: a. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and policies or directives as may become applicable at any time; and b. Failure, for any reason, of the GRANTEE to fulfill in a timely and proper manner its obligations under this Agreement; and c. Ineffective or improper use of funds provided under this Agreement; and/or d. Submission by the GRANTEE to the YVCOG reports that are incorrect or incomplete in any material respect. H. REPORTING AND PAYMENT PROCEDURES. 1) Indirect Costs GRANTEE may use six percent for administrative (indirect) costs for projects that align with the homeless housing program per RCW 36.22.179: Surcharge for local homeless housing and assistance—Use. 2) Payment Procedures The YVCOG shall reimburse the GRANTEE only for actual incurred costs upon presentation of accurate and complete reimbursement forms as provided by the YVCOG and approved by YVCOG staff. Only those allowable costs directly related to this Agreement shall be paid. The amount of each request must be limited to the amount needed for reimbursement of eligible costs. Requests for reimbursement by GRANTEE shall be submitted no more than once per month on or before the 10th of each month for the previous month's expenditures, using the invoice forms provided by YVCOG staff. For expenses incurred during the month of June, the reimbursement request shall be submitted on or before the 8th of July. In conjunction with each reimbursement request, GRANTEE shall certify that services to be performed under this Agreement do not duplicate any services to be charged against any other grant, sub- 10 grant or other founding source. GRANTEE shall submit reimbursement requests to the YVCOG's Contract Representative designated on the Face Sheet of this Agreement. Invoices must be submitted with appropriate supporting documentation, including copies of receipts, as well as invoices and time and effort tracking as directed by the YVCOG's Contract Representative designated on the Face Sheet of this Agreement. Payment will be made within thirty (30) days after receipt of the GRANTEE's complete reimbursement request, except as provided by state law. If the YVCOG objects to all or any portion of the invoice, it shall notify the GRANTEE and reserves the right to only pay that portion of the invoice not in dispute. In that event, the PARTIES shall immediately make every effort to settle the disputed amount. In the event that the YVCOG determines any funds were expended by the GRANTEE for unauthorized or ineligible purposes, or the expenditures constitute disallowed costs in any other way, the YVCOG may order repayment of the same. The GRANTEE shall remit the disallowed amount to the YVCOG within thirty (30) days of written notice of the disallowance. a. The GRANTEE agrees that funds determined by the YVCOG to be surplus upon completion of the Agreement will be subject to cancellation by the YVCOG; b. The YVCOG shall be relieved of any obligation for payments if funds allocated to the YVCOG cease to be available for any cause other than misfeasance of the YVCOG itself; and c. The YVCOG reserves the right to withhold payments pending timely delivery of Program reports or documents as may be required under this Agreement. I. CONTRACT MANAGEMENT STANDARDS. The GRANTEE shall maintain accurate records to account for its expenditures and program performance. The YVCOG designee may inspect and audit all records and materials associated with this Agreement and the GRANTEE shall make such available upon request. J. INTERNAL AUDITING CONTROL. The GRANTEE shall establish and maintain a system of internal accounting control which complies with applicable Generally Accepted Accounting Principles (GAAP). All GRANTEE records with respect to any matters covered by this Agreement shall be made available to the YVCOG, or other authorized officials, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Failure of the GRANTEE to comply with the audit requirements may constitute a violation of this Agreement and may result in the withholding of future payments. K. NONDISCRIMINATION. No individual shall be excluded from participation in, denied the benefit of, subjected to discrimination under, or denied employment in the administration of or in connection with this Agreement because of age, sex, race, color, religion, creed, marital status, familial status, sexual orientation, including gender expression or gender identity, national origin, honorably discharged veteran or military status, the presence of any sensory, mental or physical disability, or use of a service animal by a person with disabilities. The GRANTEE agrees to comply with, and to require that all subcontractors comply with, Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act, as applicable to the GRANTEE. 11 L. COMPLIANCE WITH LAWS. Each party shall comply with all applicable federal, state and local laws, regulations, and Executive Orders applicable to the subject matter of this Agreement, which are incorporated by reference into this Agreement. Compliance requirements specifically include payment of prevailing rate of wage in accordance with provisions of RCW Ch. 39.12, as applicable. M. ASSIGNMENTS. This Agreement is binding on the parties and their heirs, successors, and assigns. The GRANTEE may not assign, transfer or subcontract its interest, in whole or in part, without the prior written consent of the authorizing official for YVCOG. N. NON -WAIVER. No delay or waiver by either party to exercise any contractual right shall be considered as a waiver of such right or any other right currently or in the future. SECTION NO. 8: SEVERABILITY If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless remain in full force and effect. SECTION NO. 9: SECTION HEADINGS AND SUBHEADINGS The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. SECTION NO. 10: ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the YVCOG and the GRANTEE for the use of funds received under this Agreement, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the YVCOG and the GRANTEE with respect to the subject matter of this Agreement. SECTION NO.11: ANTI -KICKBACK No officer or employee of the YVCOG, having the power or duty to perform an official act or action related to this Agreement shall have or acquire any interest in the Agreement, or have solicited, accepted or granted a present or future gift, favor, service or other thing of value from or to any person involved in the Agreement. SECTION NO.12: CONSTRUAL The GRANTEE acknowledges receipt of a copy of the Agreement documents and agrees to comply with them. The silence or omission in the Agreement documents concerning any detail required for the proper execution and completion of the performance means that only the best general practice is to prevail, and that only material and workmanship of the best quality are to be used. This Agreement shall be construed neither in favor of, nor against either party, and is intended to benefit only the Parties to this Agreement, there are no third -party beneficiaries.