HomeMy WebLinkAbout07/23/2024 03.C. Resolution amending the contract between the YWCA of Yakima and the City of Yakima regarding ARPA funding for the construction of a domestic violence shelter r `y Alt
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 3.C.
For Meeting of: July 23, 2024
ITEM TITLE: Resolution amending the contract between the YWCA of Yakima and
the City of Yakima regarding ARPA funding for the construction of a
domestic violence shelter
SUBMITTED BY: Rosylen Oglesby, Assistant City Manager
SUMMARY EXPLANATION:
In February of 2023, the City and the YWCA entered into an agreement (Resolution No. R-2023-025)
whereby the City granted $2,000,000.00 of ARPA funding to the YWCA to help it construct a new
domestic violence shelter in Yakima. The City has a high rate of domestic violence crimes and activity,
and there is not enough shelter space for those who are fleeing domestic violence. The original
agreement required that the YWCA obtain full funding for the project before July 31, 2024. The YWCA
has provided proof of full funding, and will start construction in 2025, with an anticipated open date in
2026.
Federal regulations pertaining to ARPA funds impose deadlines for use of ARPA funds, specifically that
such funds be "obligated", meaning under contract, prior to December 31, 2024, and completely
expended by December 31, 2026. Per the Act, the jurisdiction, in this case the City of Yakima, will be
required to return to the federal government all ARPA funds not meeting these deadlines. As such, it is
necessary to amend the funding agreement to allow an additional one year to use the money to
construct the project, which will be done prior to the expiration of the federal deadline to use ARPA
funds.
Cheri Kilty, Executive Director of the YWCA, will share with Council a status update of their Domestic
Violence shelter project.
ITEM BUDGETED: N/A
STRATEGIC PRIORITY: Housing
RECOMMENDATION: Receive presentation by YWCA, assess the recipient's ability to meet ARPA
deadlines relating to obligation and expenditure of funds, and consider their request for an extension of
the deadlines within the related February 14, 2023 agreement between the City and YWCA.
Provide direction to staff regarding requested extension by YWCA.
ATTACHMENTS:
Resolution
Amendment_YWCA ARPA
25
R-2023-025 YWCA contract_$2millionARPA
YWCA Yakima City Council Extension Request 7.2024
Funding Award Letters YWCA
Bringing It Home II YWCA Yakima Presentation to City Council
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RESOLUTION NO. R-2024-
A RESOLUTION amending the contract between the YWCA of Yakima and the City of
Yakima regarding ARPA funding for the construction of a domestic violence
shelter
WHEREAS, domestic violence is a significant health and safety issue in the City of
Yakima, and was exacerbated by the effects of COVID-19; and
WHEREAS, on or about February 8, 2023, YWCA and the CITY entered into an
Agreement wherein the CITY agreed to provide $2,000,000.00 of ARPA funds to YWCA to
construct a domestic violence shelter in Yakima, under City Contract No. 2023-027 (original
contract number) ("Contract"); and
WHEREAS, the Contract's term was through December 31, 2024, with the ability of the
parties to extend the term an additional 2 years, in accordance with the ARPA provisions, until
December 31, 2026, when all funds must be expended for the domestic violence shelter; and
WHEREAS, YWCA has met its obligation to obtain all funding to complete the project on
or before July 31, 2024; and
WHEREAS, it has been determined by both parties that the Contract should be
amended to extend the agreement to construct the new domestic violence shelter and amend
other administrative sections;
WHEREAS, the City Council of the City of Yakima finds that it is in the best interest of the
City and its residents, to extend the funding Contract providing $2,000,000 in ARPA funds to the
YWCA of Yakima to construct a domestic violence shelter; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The Interim City Manager is authorized and directed to execute the Amendment to the
YWCA of Yakima Domestic Violence Shelter Funding Agreement between the City of
Yakima and the YWCA of Yakima, attached hereto and incorporated herein.
ADOPTED BY THE CITY COUNCIL this 23rd day of July, 2024.
Patricia Byers, Mayor
ATTEST:
Rosalinda Ibarra, City Clerk
27
AMENDMENT TO
YWCA of YAKIMA DOMESTIC VIOLENCE SHELTER FUNDING AGREEMENT
Between
CITY OF YAKIMA
And
YWCA of YAKIMA
THIS AMENDMENT TO THE YWCA of YAKIMA DOMESTIC VIOLENCE
SHELTER FUNDING AGREEMENT is made and entered into by and between YWCA of
YAKIMA. ("YWCA"), and THE CITY OF YAKIMA, a Washington municipal corporation
("CITY").
WHEREAS, domestic violence is a significant health and safety issue in the City
of Yakima, and was exacerbated by the effects of COVID-19; and
WHEREAS, on or about February 8, 2023, YWCA and the CITY entered into an
Agreement wherein the CITY agreed to provide $2,000,000.00 of ARPA funds to YWCA
to construct a domestic violence shelter in Yakima, under City Contract No. 2023-027
(original contract number) ("Contract"); and
WHEREAS, the Contract's term was through December 31, 2024, with the ability
of the parties to extend the term an additional 2 years, in accordance with the ARPA
provisions, until December 31, 2026, when all funds must be expended for the domestic
violence shelter; and
WHEREAS, YWCA has met its obligation to obtain all funding to complete the
project on or before July 31, 2024; and
WHEREAS, it has been determined by both parties that the Contract should be
amended to extend the agreement to construct the new domestic violence shelter and
amend other administrative sections;
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
agreements set forth herein, it is agreed by and between the CITY and YWCA as
follows:
Section 1: Pursuant to Section 3: Contract Term, the parties agree to extend the
Contract for one year. The Contract shall terminate on December 31, 2025, unless
amended to provide for an additional one-year increment or terminated earlier, pursuant
to the terms and conditions of the Contract. No change in terms and conditions other
than those specifically agreed to herein, or in subsequent amendments, shall occur.
Section 2: Section 32: Notices, should reflect that all Notices to be sent to the CITY
shall be sent to the following:
Vicki Baker
City Manager
129 North 2nd Street
Yakima, WA 98901
Vicki.baker@vakimawa.gov
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A copy shall still be sent to Cally Price at the information found in the original Contract.
Section 3: Except as expressly modified herein, all other terms and conditions of the
attached Contract shall remain in full force and effect.
Section 4: Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this Amendment is declared invalid or unconstitutional for any reason, such
decision shall not affect the validity of the remaining portions of this Amendment.
CITY OF YAKIMA YWCA of YAKIMA
Dave Zabel!, Interim City Manager Cheri Kilty, Executive Director
Date: Date:
ATTEST:
City Clerk
29
RESOLUTION NO. R-2023-025
A RESOLUTION authorizing the contract with the Young Women's Christian Association
(YWCA of Yakima) to provide $2,000,000.00 of Coronavirus State and
Local Fiscal Recovery Funds to construct a domestic violence shelter.
WHEREAS, the City of Yakima was awarded Coronavirus State and Local Fiscal
Recovery Funds (SLRF) to help address the effects of the Coronavirus pandemic; and
WHEREAS, the YWCA of Yakima currently has a domestic violence shelter in Yakima,
but is proposing a second facility that will expand their crisis shelter and transitional housing
program, provide case management services and help victims rebuild their lives; and
WHEREAS, Yakima experiences domestic violence at a rate higher than the rest of the
state, and during the global COVID pandemic, those numbers increased approximately 30%
according to the YWCA; and
WHEREAS, nationally, the National Commission on COVID-19 and Criminal Justice
indicated that domestic violence incidents increased nationwide by 8.1% following lockdown
orders; and
WHEREAS, the need for safe shelter space for victims of domestic violence and their
families is not fully met by the current shelter space available in Yakima; and
WHEREAS, the YWCA has a facility that needs substantial construction and renovation,
its proposed facility meets the requirements of SLRF funding, and the YWCA has provided
necessary information to evaluate its ability to utilize SLRF funding pursuant to the federal
guidelines; and
WHEREAS, the City Council of the City of Yakima finds that it is in the best interest of the
City and its residents to grant $2,000,000.00 of its SLFR funding to the YWCA for construction
costs associated with a new domestic violence shelter; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to sign the contract with the Young Women's
Christian Association (YWCA of Yakima)to provide$2,000,000.00 of Coronavirus State and Local
Fiscal Recovery Funds to construct a domestic violence shelter, and take all necessary steps to
facilitate the funding agreement.
ADOPTED BY THE CITY COUNCIL this 7th day of February, 2023.
ST. o,y r‘, + Janice Deccio, Mayor
t —*_ '— e°64A- S EA L
So ya Claar Tee, City Clerk /z,' .'.*— P,•'
,max,
30
COVID RECOVERY PROGRAM —CITY OF YAKIMA
Pursuant to 2 CFR 200.332(a)(1) Federal Award Identification
il(i) Agency Name(must match the name associated (ii) Unique Entity Identifier ;amity of Yakima Number for i
with its unique entity identifier) (i.e., DUNS) TIN 91- 'This Agreement
Young Women Christian Association 0565563
(iii) Federal Award (iv) Federal Award (v) Federal Period of (vi) Federal Budget Period
Identification Number(FAIN) Date Performance Start and End Start and End Date
Date
CORONAVIRUS STATE AND March 3,2021 —
fLOCAL FISCAL RECOVERY December 31, 2026
,FUNDS, CFDA 21.027 1 _ I
;:(vII)Amount of Federal (viii)Total Amount of Federal (ix)Total Amount of the Federal 1
Funds Obligated to the Funds Obligated to the agency Award Committed to the agency
agency by this action: $2,000,000 $2,000,000
'$2,000.000
.(x) Federal Award Project Description:
CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS—CITY OF YAKIMA
(xi) Federal Awarding Agency Pass-Through Entity: Awarding Official Name
CITY OF YAKIMA and Contact Information:
DEPARTMENT OF THE Jennifer Ferrer-Santa Ines
TREASURY Director of Finance&Budget
' Jennifer.ferrer@yakimawa.Qov
i;(xii)Assistance Listing CFDA Number and Name(the pass-through entity must (xiii) Identification
identify the dollar amount made available under each Federal award and the of Whether the Award is
IICFDA number at time of disbursement) R&D
!21.027-CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS No.
!l(xiv) Indirect Cost Rate for Award Payment Method(lump sum payment or Is the Agency
lithe reimbursement) a Subrecipient for
Federal Award the Purposes
Ii REIMBURSEMENT of This Agreement?***
N/A YES
***The term "Contractor" shall refer to a contractor or subrecipient, as determined in the City's sole
discretion and referenced in the FAIN table cover page.
PASS-THRU ENTITY City of Yakima RECIPIENT Young Women Christian
NAME Association
Name: i1ll Eghlk/aLI Name: Cheri Kilty
Title: p,,e, t-.0 fQ Title: Executive Director
Signature: Signature: / Y 1 ,(7z,
,.
Date: 1 q)2.3 ^j Date: 'I3f D23
If you require accommodation to access this form, alternate
formats are available upon request
31
AGREEMENT
Contractor YWCA OF YAKIMA
Project Title DOMESTIC VIOLENCE SHELTER—WEST CHESTNUT AVENUE
Contract Amount $ TWO MILLION DOLLARS ($2.000.000.00)
Contract Period From February 7, 2023 To December 31. 2024 _
DUNS No. (if applicable) 91-0565563 SAM No. (if applicable)
THIS AGREEMENT ("Contract") is entered into by the CITY OF YAKIMA (the "City"), and
YWCA OF YAKIMA (the "Contractor") whose address is 818 West Yakima Avenue, Yakima,
Washington, 98902.
FUNDING SOURCES FUNDING LEVELS EFFECTIVE DATES
Coronavirus State and
Local Fiscal Recovery I See Contract Amount above See Contract Period above
Funds(SLFRF)
WHEREAS, the City has been advised that the foregoing are the current funding sources,
funding levels and effective dates, and
WHEREAS, the City desires to have certain services performed by the Contractor as
described in this Contract, specifically the construction of a domestic violence shelter by the
Contractor,
NOW THEREFORE, in consideration of payments, covenants, and agreements hereinafter
mentioned, to be made and performed by the parties hereto, the parties mutually agree as
follows:
1. Contractor understands and agrees that funds provided under this
Contract may come from a federal source and agrees to comply with
any and all additional applicable terms. In general, federal-specific
terms are in italics.
A. Contractor Capacity. Contractor agrees and confirms that it has the institutional,
managerial and financial capacity to ensure proper planning, management and
completion of the Domestic Violence Shelter proposed in the Scope of Work.
B. Technical Assistance. If, at any time, Contractor believes its capacity is
compromised or Contractor otherwise needs any sort of assistance, it SHALL
immediately notify the City. The City will make best efforts to provide timely
technical assistance to the Contractor to bring the Contract into compliance.
C. Compliance with Act. Contractor understands and agrees that funds provided
under this Contract may only be used in compliance with section 603(c) of the
Social Security Act(the Act), as added by section 9901 of the American Rescue
Plan Act, the U.S. Department of Treasury's ("Treasury's") regulations
implementing that section, and guidance issued by Treasury regarding the
foregoing.
Page 2 of 41
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D. Definitions.
Words and terms shall be given their ordinary and usual meanings. Where used in the
Contract documents, the following words and terms shall have the meanings indicated.
The meanings shall be applicable to the singular, plural, masculine, feminine and
neuter of the words and terms.
ACCEPTANCE OR ACCEPTED - A written determination by the City that the Contractor has
completed the Work in accordance with the Contract.
CONTRACT AMENDMENT - A written change to the Contract modifying, deleting or adding to
the terms and conditions or Scope of Work, signed by both parties,
with or without notice to the sureties.
CONTRACTOR - The individual, association, partnership, firm, company,
corporation, or combination thereof, including joint ventures,
contracting with the City for the performance of Work under the
Contract.
CONTRACT SPECIALIST- Yakima City Employee who interfaces with team members,
business owners, contractors, project staff and others to assist in
the administration of the City's contracts.
DAY - Calendar day.
YMC - The Yakima Municipal Code.
MEASURABLE AMOUNT OF A definitive allocation of an employee's time that can be attributed
WORK- to Work performed under this Contract, but that is not less than a
total of one hour in any one-week period.
PERSON - Includes individuals, associations, firms, companies, corporations,
partnerships, or combination thereof, including joint ventures.
PROJECT MANAGER - The individual designated by the City to manage the project on a
daily basis and who may represent the City for Contract
administration. The Project Manager may also be the Contract
Specialist.
RCW - The Revised Code of Washington.
SCOPE OF WORK(SOW) - An exhibit to the Contract consisting of a written description of the
Work to be performed.
SUBCONTRACTOR - The individual, association, partnership, firm, company,
corporation, or combination thereof, including joint ventures,
entering into an agreement with the Contractor to perform any
portion of the Work covered by this Contract.
SUBRECIPIENT- An entity that uses the awarded funds to carry out a program for a
public purpose specified in the authorizing statute or ordinance, as
33
opposed to providing goods or services for the benefit of the City.
WORK - Everything to be provided and done for the fulfillment of the
Contract and shall include services, goods and supplies specified
under this Contract, including Contract Amendments.
ADMINISTRATOR- The Finance Director.
Small Contractor or Supplier or A business and the person or persons who own and control it that
"(SCS)" - are in a financial condition which puts the business at a substantial
disadvantage in attempting to compete for public contracts. The
relevant financial condition for eligibility under the Contracting
Opportunities Program is based on a dollar ceiling for standard
business classifications that is set at fifty percent (50%) of the
Federal Small Business Administration (SBA) small business size
standards using the North American Industrial Classification
System (NAICS), and an Owners' personal net worth less than
$1,320,000 dollars.
2. Contract Services and Requirements, and Incorporated Exhibits.
The Contractor shall provide services and meet the requirements included in this Contract and
in the following attached exhibits, except for Exhibit G which shall be provided by the City,
each of which is incorporated herein by this reference:
EXHIBIT NAME NUMBER/LETTER
Scope of Work A
Budget B
Contractor's Proposal C
Civil Rights Certification D
Lobbying Certification E
Cost Certification F
Contract Between the Federal Government and City G
A. Scope of Eligible Expenditures. Funds shall only be used to pay or reimburse
eligible expenditures as described in Exhibit A. No funds may be used to pay or
reimburse expenditures reimbursed under any other federal or state program, or
from any other third-party source.
B. Contractor Responsibilities. The funds provided under the Contract may come
from a federal source. Contractor agrees to administer the Contract consistent
with the terms and conditions of this Contract, in accordance with section 603(c)
of the Act, the Treasury's regulations implementing that section, and guidance
issued by Treasury regarding the foregoing, as well as any other applicable
federal laws and regulations. As part of the invoicing process, the Contractor
shall provide the City with a "Cost Certification" that funding of this Contract
was used for eligible expenditures. Contractor shall also provide the City with a
"Civil Rights Certification"prior to payment for work authorized by this Contract.
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C. Reporting. Contractor shall provide the City with the following reports in a
timely manner:
i. Monthly/Quarterly Expenditure Report by the 10th of month following
expenditure to facilitate required quarterly City reporting.
ii. Payment Request Report
iii. Closeout Report
3. Contract Term.
A. This Contract shall begin on February 7, 2023 and shall terminate on December 31,
2024, unless extended or terminated earlier, pursuant to the terms and conditions of
the Contract.
B. This Contract may be extended through December 31, 2026 in one year increments
upon agreement of the parties. No change in terms and conditions will be permitted
during these extensions unless specifically agreed to in writing.
4. Compensation and Method of Payment.
A. Compensation:
The City shall compensate the Contractor for satisfactory completion of the services
and requirements as specified in this Contract and its attached exhibit(s).
B. Invoicing:
The Contractor shall submit invoices and all accompanying reports as specified in the
attached exhibit(s), including its final invoice and all outstanding reports. The City shall
endeavor to make payment not more than 30 days after a complete and accurate
invoice is received.
C. Final Invoice:
The Contractor shall submit its final invoice and all outstanding reports as specified in
this contract and its attached exhibit(s). If the Contractor's final invoice and reports are
not submitted as required, the City will be relieved of all liability for payment to the
Contractor of the amounts set forth in the final invoice or any later invoice.
D. Reimbursement for Travel:
The Contractor will not be reimbursed for travel unless otherwise specified within an
Exhibit.
5. Internal Control and Accounting System.
The Contractor shall establish and maintain a system of accounting and internal controls that
complies with the generally accepted accounting principles issued by the Financial Accounting
Standards Board (FASB), the Governmental Accounting Standards Board (GASB), or both as
is applicable to the Contractor's form of doing business.
6. Debarment and Suspension Certification.
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If this Contract is a covered transaction for purposes of federally funded grant
requirements, the Contractor is required to verify that none of the Contractor, its
principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are
excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The Contractor is
required to comply with 49 CFR 29, Subpart C and must include the requirement to
comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into.
Debarment status may be verified at https:lwww.sam,gov By signing and submitting
this Contract, the Contractor certifies as follows:
The certification in this clause is a material representation of fact relied upon by the
City of Yakima. If it is later determined that the Contractor knowingly rendered an
erroneous certification, in addition to remedies available to the City of Yakima, the
Federal Government may pursue available remedies, including but not limited to
suspension and/or debarment. The Contractor agrees to comply with the
requirements of 49 CFR 29, Subpart C while performing this Contract and further
agrees to include a provision requiring such compliance in its lower tier covered
transactions.
7. Maintenance of Records.
A. Accounts and Records:
i. Contractor shall maintain ALL (100%) records and financial documents sufficient to
evidence compliance with section 603(c) of the Act, Treasury's regulations
implementing that section, and guidance issued by Treasury regarding the
foregoing. These records shall be maintained for a period of six (6) years after the
last date that all funds have been expended or returned to the City. whichever is
later, to ensure proper accounting for all funds and compliance with the Contract.
ii. The Treasury Office of Inspector General and the Government Accountability Office, or
their authorized representatives, shall have the right of access to records (electronic
and otherwise) of Contractor in order to conduct audits or other investigations.
Ili. The Contractor shall maintain for a period of six years after termination of this Contract
accounts and records, including personnel, property, financial, and programmatic
records and other such records the City may deem necessary to ensure proper
accounting and compliance with this Contract.
B. Nondiscrimination and Equal Employment Records:
In accordance with the nondiscrimination and equal employment opportunity
requirements set forth in Section 24, Nondiscrimination and Payment of a Living Wage
below, the Contractor shall maintain the following for a period of six years after
termination of this Contract:
i. Records of employment, employment advertisements, application forms, and other
data, records and information related to employment, applications for employment
or the administration or delivery of services or any other benefits under this
Contract; and
ii. Records, including written quotes, bids, estimates or proposals, submitted to the
Contractor by all entities seeking to participate in this Contract, and any other
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information necessary to document the actual use of and payments to
subcontractors and suppliers in this Contract, including employment records.
The City may visit the site of the work and the Contractor's office to review these
records. The Contractor shall provide all help requested by the City during such
visits and make the foregoing records available to the City for inspection and
copying. At all reasonable times, the Contractor shall provide to the City, the state,
and/or federal agencies or officials access to its facilities—including those of any
subcontractor assigned any portion of this Contract in order to monitor and evaluate
the services provided under this Contract. The City will give reasonable advance
notice to the Contractor in the case of audits to be conducted by the City. The
Contractor shall comply with all record keeping requirements of any applicable
federal rules, regulations or statutes included or referenced in the contract
documents. If different from the Contractor's address listed above, the Contractor
shall inform the City in writing of the location of its books, records, documents, and
other evidence for which review is sought, and shall notify the City in writing of any
changes in location within 14 days of any such relocation.
8. Evaluations and Inspections.
A. Subject to Inspection. Review. or Audit:
The records and documents with respect to all matters covered by this Contract shall
be subject at all time to inspection, review, or audit by the City and/or federal/state
officials authorized by law during the performance of this Contract and for six years
after termination hereof, unless a longer retention period is required by law.
B Medical Records:
If applicable, medical records shall be maintained and preserved by the Contractor in
accordance with state and federal medical records statutes, including but not limited to
RCW 70.41.190, 70.02.160, and standard medical records practice. The Contractor
shall also be responsible for the maintenance and disposal of such medical records.
C. Contract Monitoring
The Contractor and the City shall engage in monitoring visits to assess the
Contractor's compliance with contract requirements, quality, and practices. The City
will execute monitoring visits in accordance with the applicable frequency, as
prescribed by the controlling Exhibit under this Contract. The Contractor shall
cooperate with the City and its agents to assess the Contractor's performance under
this Contract. At the request of the City, the Contractor shall implement a plan to
remedy any items of noncompliance identified during the monitoring process.
The results and records of these processes shall be maintained and disclosed in
accordance with RCW Chapter 42.56.
D. Performance, Measurement and Evaluation
The Contractor shall submit performance metrics and program data as set forth in
Exhibits to this Contract. The Contractor shall participate in evaluation activities as
required by the City and shall make available all information required by any such
performance measurement and evaluation processes.
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E. Unauthorized Disclosure:
The Contractor agrees that all information, records, and data collected in connection
with this Contract shall be protected from unauthorized disclosure in accordance with
applicable state and federal law.
9. Compliance with the Health Insurance Portability and Accountability Act of 1996
(HIPAA).
The Contractor shall not use protected health information created or shared under this
Contract in any manner that would constitute a violation of HIPAA and any regulations enacted
pursuant to its provisions. Contractor shall read and maintain compliance with all HIPAA
requirements at the U.S. Office of Civil Rights website: https:/1www.hhs.gov/hipaa/index.html
10. Financial Report Submission.
The Contractor is required to submit a financial reporting package as described in A through C
below. All required documentation must be submitted by email to
jennifer.ferrer(cr�vakimawa.gov by the stated due date.
A. If the Contractor is a Non-Federal entity as defined in 2 CFR Part 200.69, and expends
$750,000 or more in Federal awards during its fiscal year, then the Contractor shall
meet the audit requirements in 2 CFR Part 200 Subpart F. Audit packages are due to
the City within nine months after the close of the Contractor's fiscal year.
B. If the Contractor is a local government in the State of Washington and is not subject to
the requirements in subsection A, the Contractor shall submit audited financial
statements that are in accordance with the Washington State Auditor's Office
requirements. Financial statement audits are due to the City within 150 days after the
close of the Contractor's fiscal year end as required by RCW 43.09.230.
C- If the Contractor is not subject to the requirements in subsection A or B, the following
apply:
Entity Type _ Non-Profit For Profit 1
Gross Gross Revenue Gross Revenue Gross Revenue Gross Revenue
Revenue I Under $3M on Over$3M on Under$3M on Over $3M on
average in the average in the average in the average in the
previous three previous three previous three previous three
fiscal years. fiscal years. fiscal years. fiscal years.
Required j • Form 990 Audited financial • Income tax Audited financial
Documentation within 30 days statements return; and statements
of its being prepared by an • A full set of prepared by an
filed; and independent annual internal independent
Certified Public A full set of financial Certified Public
annual internal Accountant or statements Accountant or
financial Accounting Firm Accounting Firm
statements
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Due Date Within 30 Within nine Within 30 i Within nine
calendar days months following calendar days months following
from the forms the close of the from the forms the close of the
being filed. Contractor's fiscal being filed. Contractor's
year. fiscal year.
D. Waiver:
A Contractor that is not subject to the requirements in subsection A may, in
extraordinary circumstances, request, and in the City's sole discretion be granted, a
waiver of the audit requirements. Such requests are made to the City to Jennifer Ferrer
Santa-Ines, jennifer.ferrerayakimawa.gov for review. If approved by the City, the
Contractor may substitute for the above requirements other forms of financial reporting
or fiscal representation certified by the Contractor's Board of Directors, provided the
Contractor meets the following criteria:
i. Financial reporting and any associated management letter show no reportable
conditions or internal control issues; and
ii. There has been no turnover in key staff since the beginning of the period for which
the financial reporting was completed.
11. Corrective Action.
If the City determines that the Contractor has failed to comply with any terms or conditions of
this Contract, or the Contractor has failed to provide in any manner the work or services (each
a "breach"), and if the City determines that the breach warrants corrective action, the following
procedure will apply:
A. Written Notification:
The City will notify the Contractor in writing of the nature of the breach.
B. Contractor's Corrective Action Plan:
The Contractor shall respond with a written corrective action plan within fourteen days
of its receipt of such notification unless the City, at its sole discretion, extends in writing
the response time. The plan shall indicate the steps being taken to correct the specified
breach and shall specify the proposed completion date for curing the breach. This date
shall not be more 30 days from the date of the Contractor's response, unless the City,
at its sole discretion, specifies in writing an extension to complete the corrective
actions.
C. City's Determination of Corrective Action Plan Sufficiency:
The City will determine the sufficiency of the Contractor's proposed corrective action
plan, then notify the Contractor in writing of that determination. The determination of
sufficiency of the Contractor's corrective action plan shall be at the sole discretion of
the City.
D. Termination or Suspension:
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If the Contractor does not respond within the appropriate time with a corrective action
plan, or the Contractor's corrective action plan is determined by the City to be
insufficient, the City may terminate or suspend this Contract in whole or in part
pursuant to Section 13.
E. Withholding Payment:
In addition, the City may withhold any payment to the Contractor or prohibit the
Contractor from incurring additional obligations of funds until the City is satisfied that
corrective action has been taken or completed.
F. Non-Waiver of Rights:
Nothing herein shall be deemed to affect or waive any rights the parties may have
pursuant to Section 13, Subsections B, C, and D.
G. Remedial Actions: In the event of Contractor's noncompliance with section
603(c) of the Act, Treasury's regulations implementing that section, guidance
issued by Treasury regarding the foregoing, or any other applicable federal laws
or regulations, Treasury may take available remedial actions as set forth in 2
C.F.R. 200.339.
H. Recoupment:
i. Contractor agrees that it is financially responsible for and will repay the City
any and all indicated amounts following an audit exception which occurs due
to Contractor's failure, for any reason, to comply with the terms of this
Contract, federal, state or local law. This duty to repay the City shall not be
diminished or extinguished by the termination of the Contract.
ii. In the event of a violation of section 603(c) of the Act, the funds shall be
subject to recoupment by the City.
iii. Any funds paid to Contractor(1) in excess of the amount to which Contractor
is authorized to retain under the terms of the Contract; (2) that are
determined by the Treasury Office of Inspector General to have been
misused; (3) are determined by Treasury to be subject to a repayment
obligation pursuant to section 603(e) of the Act; or(4) are otherwise subject
to recoupment by the City, and have not been repaid by Contractor to the City
shall constitute a debt to the City.
iv. Any debts determined to be owed the City must be paid promptly by the
Contractor. A debt is delinquent if it has not been paid by the date specified
in the City's initial written demand for payment, unless other satisfactory
arrangements have been made or if the City knowingly or improperly retains
funds that are a debt. The City will take any actions available to it to collect
such a debt.
12. Dispute Resolution.
The parties shall use their best, good-faith efforts to cooperatively resolve disputes and
problems that arise in connection with this Contract. Both parties will make a good faith effort to
continue without delay to carry out their respective responsibilities under this Contract while
attempting to resolve the dispute under this section.
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13. Termination.
A. Termination for Failure to Perform:
This Contract shall be terminated on July 31, 2024, in the event the Contractor has not
secured 100% of the necessary funding to construct the Shelter facility contemplated in
this Contract. Any funds paid to the Contractor prior to July 31, 2024, shall be
reimbursed to the City within thirty (30) days of the date of termination.
B. Termination for Convenience:
This Contract may be terminated by the City without cause, in whole or in part, at any
time during the term specified in Section 3, Contract Term above, by providing the
other party 30 calendar days advance written notice of the termination. The Contract
may be suspended by the City without cause, in whole or in part, at any time during the
term specified in Section 3. above, by providing the Contractor 30 calendar days
advance written notice of the suspension.
C. Termination for Default:
The City may terminate or suspend this Contract, in whole or in part, upon ten days
advance written notice if: (1) the Contractor breaches any duty, obligation, or service
required pursuant to this Contract and either (a) the corrective action process
described in Section 11 fails to cure the breach or (b)the City determines that requiring
a corrective action plan is impractical or that the duties, obligations, or services
required herein become impossible, illegal, or not feasible. If the Contract is terminated
by the City pursuant to this Subsection 13.B., the Contractor shall be liable for
damages, including any additional costs of procuring similar services from another
source.
If the termination results from acts or omissions of the Contractor, including but not
limited to misappropriation, nonperformance of required services, or fiscal
mismanagement, the Contractor shall return to the City immediately any funds,
misappropriated or unexpended, that have been paid to the Contractor by the City.
D. Termination for Non-Appropriation:
If expected or actual funding is withdrawn, reduced, or limited in any way prior to the
termination date set forth above in Section 3, the City may, upon ten days advance
written notice to the Contractor, terminate or suspend this Contract in whole or in part.
If the Contract is terminated or suspended as provided in this Section: (1) the City will
be liable only for payment in accordance with the terms of this Contract for services
rendered prior to the effective date of termination or suspension; and (2) the Contractor
shall be released from any obligation to provide such further services pursuant to the
Contract as are affected by the termination or suspension.
Funding or obligation under this Contract beyond the current appropriation year is
conditional upon appropriation by the City Council and/or other identified funding
source(s) of sufficient funds to support the activities described in the Contract. If such
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appropriation is not approved, this Contract will terminate at the close of the current
appropriation year. The current funding sources associated with this Contract are
specified on page one.
If the Contract is suspended as provided in this Section, the City may provide written
authorization to resume activities.
E. Non-Waiver of Rights:
Nothing herein shall limit, waive, or extinguish any right or remedy provided by this
Contract or by law or equity that either party may have if any of the obligations, terms,
and conditions set forth in this Contract are breached by the other party.
14. Hold Harmless and Indemnification.
A. Duties as Independent Contractor:
In providing services under this Contract, the Contractor is an independent contractor,
and neither it nor its officers, agents, or employees are employees of the City for any
purpose. The Contractor shall be responsible for all federal and/or state tax, industrial
insurance, and Social Security liability that may result from the performance of and
compensation for these services and shall make no claim of career service or civil
service rights which may accrue to a County employee under state or local law. The
parties intend that an independent contractor relationship shall be created by this
Contract. The Contractor shall not make any claim of right, privilege or benefit which
would accrue to an employee under chapter 41.06 RCW or Title 51 RCW.
The City assumes no responsibility for the payment of any compensation, wages,
benefits, or taxes, by, or on behalf of the Contractor, its employees, and/or others by
reason of this Contract.
The Contractor shall release, protect, indemnify, defend and save harmless the City, its
elected and appointed officials, officers, agents, employees, representatives, insurers,
attorneys, and volunteers from all liabilities, losses, damages, and expenses related to
all claims, costs, and/or losses whatsoever occurring or resulting from (1) the
Contractor's failure to pay any such compensation, wages, benefits, prevailing wages,
or taxes, and/or (2) the supplying to the Contractor of work, services, materials, or
supplies by Contractor employees or other suppliers in connection with or support of
the performance of this Contract; and/or (3) all liabilities, losses, damages, and
expenses related to all claims, suits, arbitration actions, investigations, and regulatory
or other governmental proceedings arising from or in connection with this Contract or
the acts, failures to act, errors or omissions of the Contractor, or any of Contractor's
agents or subcontractors, in performance of this Contract,
except for claims caused by the City's sole negligence. The City's right to
indemnification includes attorney's fees and costs associated with establishing the right
to indemnification hereunder in favor of the City.
If, for any reason, the Contractor's required licenses or certificates are terminated,
suspended, revoked or in any manner modified from their status at the time this
Contract becomes effective, the Contractor shall notify the City immediately of such
condition in writing. The Contractor and Subcontractor(s) shall maintain and be liable
for payment of all applicable taxes (except sales/use taxes), fees, licenses, permits and
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costs as may be required by applicable federal, state or local laws and regulations as
may be required to provide the Work under this Contract.
B. Intellectual Property Infringement:
For purposes of this section, claims shall include, but not be limited to, assertions that
use or transfer of software, book, document, report, film, tape, or sound reproduction or
material of any kind, delivered hereunder, constitutes an infringement of any copyright,
patent, trademark, trade name, and/or otherwise results in unfair trade practice.
The indemnification, protection, defense and save harmless obligations contained
herein shall survive the expiration, abandonment or termination of this Contract.
C. Nondisclosure of Data:
Data provided by the City either before or after Contract award shall only be used for
its intended purpose. Contractors and Subcontractors shall not utilize nor distribute the
City data in any form without the prior express written approval of the City.
D. Non-Disclosure Obligation:
While performing the Work under this Contract, the Contractor may encounter personal
information, licensed technology, drawings, schematics, manuals, data and other
materials described as "Confidential", "Proprietary" or"Business Secret". The
Contractor shall not disclose or publish the information and material received or used in
performance of this Contract. This obligation is perpetual. The Contract imposes no
obligation upon the Contractor with respect to confidential information which the
Contractor can establish that: a) was in the possession of, or was rightfully known by
the Contractor without an obligation to maintain its confidentiality prior to receipt from
the City or a third party; b) is or becomes generally known to the public without
violation of this Contract; c) is obtained by the Contractor in good faith from a third
party having the right to disclose it without an obligation of confidentiality; or, d) is
independently developed by the Contractor without the participation of individuals who
have had access to the City's or the third party's confidential information. If the
Contractor is required by law to disclose confidential information the Contractor shall
notify the City of such requirement prior to disclosure.
E Indemnification:
To the maximum extent permitted by law, Contractor shall, at its cost and expense,
protect, defend, indemnify and hold harmless the City, its elected and appointed
officials, directors, officers, employees, agents, representatives, insurers, attorneys,
and volunteers, from and against any and all demands, liabilities, causes of action,
costs and expenses (including attorney's fees), claims, judgments, or awards of
damages, arising out of or in any way resulting from the acts or omissions of
Contractor, its directors, officers, employees, or agents, relating in any way to the
Contractor's performance or nonperformance under the Contract, or the acts, failures
to act, errors or omissions of the Contractor, or any of Contractor's agents or
subcontractors, in performance of this Contract, unless and except the claims are
caused by the City's sole negligence. These indemnification obligations shall survive
the termination of the Contract. The Contractor agrees that its obligations under this
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paragraph extend to any demands, liabilities, causes of action, or claims brought by, or
on behalf of, any of its employees or agents. For this purpose, the Contractor, by
mutual negotiation, hereby waives, as respects the City only, any immunity that would
otherwise be available against such claims under any industrial insurance act,
including Title 51 RCW, other Worker's Compensation act, disability benefit act, or
other employee benefit act of any jurisdiction which would otherwise be applicable in
the case of such claim. In addition, the Contractor shall protect and assume the
defense of the City and its officers, agents and employees in all legal or claim
proceedings arising out of, in connection with, or incidental to its indemnity obligation;
and shall pay all defense expenses, including reasonable attorney's fees, expert fees
and costs incurred by the City on account of such litigation or claims. If the City incurs
any judgment, award, and/or cost arising therefrom including reasonable attorney's
fees to enforce the provisions of this article, all such fees, expenses, and costs shall be
recoverable from the Contractor. The City's right to indemnification includes attorney's
fees and costs associated with establishing the right to indemnification hereunder in
favor of the City.
F. Return of Unused Funds: If Contractor has any unspent funds on hand as of the
earlier of December 31, 2024 (or December 31, 2026 if the Contract term is fully
extended), or the termination of this Contract under Section 13, Contractor shall return
all unspent funds to the City within ten (10) calendar days.
15. False Statements.
Contractor understands that making false statements or claims in connection with this
Contract may be a violation of federal law and may result in criminal, civil, or
administrative sanctions, including fines, imprisonment, civil damages and penalties,
debarment from participating in federal or county awards or contracts, and/or any other
remedy available by law.
16. Publications.
Any publications produced with funds from this Contract must display the following
language: "This project is supported, in whole or in part, by federal award number
CFDA 21.027 Coronavirus State and Local Fiscal Recovery Funds awarded to the City of
Yakima, Washington by the U.S. Department of the Treasury."
17. Disclaimer by the City and United States.
A. The United States has expressly disclaimed any and all responsibility or liability
to the City or third persons for the actions of the City or third persons resulting
in death, bodily injury,property damages, or any other losses resulting in any
way from the performance of this award or any other losses resulting in any way
from the performance of the award of Federal funds to the City under section
603(c) of the Act, or any contract or subcontract under such award.
B. The City expressly disclaims any and all responsibility or liability to the
Contractor or third persons for the actions of the Contractor or third persons
resulting in death, bodily injury,property damages, or any other losses resulting
in any way from the performance of this Contract or any other losses resulting in
any way from the performance of the Contract, or any subcontract thereto.
C. This Contract does not in any way establish an agency relationship between or
among the United States, the City, and/or Contractor.
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18. Protection for Whistleblowers.
A. In accordance with 41 U.S.C. §4712, Contractor may not discharge, demote, or
otherwise discriminate against an employee in reprisal for disclosing to any of
the list of persons or entities provided below, information that the employee
reasonably believes is evidence of gross mismanagement of a federal contract
or grant, a gross waste of federal funds, an abuse of authority relating to a
federal contract or grant, a substantial and specific danger to public health or
safety, or a violation of law, rule, or regulation related to a federal contract
(including the competition for or negotiation of a contract) or grant.
B. The list of persons and entities referenced in the paragraph above includes the
following:
i. A member of Congress or a representative of a committee of Congress;
ii. An Inspector General;
iii. The Government Accountability Office;
iv. A Treasury employee responsible for contract or grant oversight or
management;
v. An authorized official of the Department of Justice or other law enforcement
agency;
vi. A court or grand jury; or
vii. A management official or other employee of Contractor, contractor, or
subcontractor who has the responsibility to investigate, discover, or address
misconduct.
C. Contractor shall inform its employees in writing of the rights and remedies
provided under this section, in the predominant native language of the
workforce.
19. Increasing Seat Belt Use in the United States.
Pursuant to Executive Order 13043, 62 FR 19217(Apr. 18, 1997), Contractor is
encouraged to adopt and enforce on-the-job seat belt policies and programs for its their
employees when operating company-owned, rented or personally owned vehicles.
20. Reducing Text Messaging While Driving.
Pursuant to Executive Order 13513, 74 FR 51225 (October 6, 2009), Contractor is
encouraged to adopt and enforce policies that ban text messaging while driving, and to
establish workplace safety policies to decrease accidents caused by distracted drivers.
21. Insurance Retirements.
Upon execution of this Contract, the Contractor, at its own cost, shall have procured and will
maintain for the duration of this Contract, insurance as specified in the Minimum Scope and
Limits of Insurance. The County reserves the right to require complete, certified copies of all
required insurance policies at any time.
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Each insurance policy shall be written on an "occurrence"form; except that professional
liability, errors and omissions, will be acceptable on a "claims made"form.
If coverage is approved and purchased on a "claims made" basis, the Contractor warrants
continuation of coverage, either through policy renewals or the purchase of an extended
discovery period, if such extended coverage is available, for not less than three years from the
date of completion of the Work which is the subject of this Contract.
By requiring such minimum insurance coverage, the County shall not be deemed or construed
to have assessed the risks that may be applicable to the Contractor under this Contract. The
Contractor shall assess its own risks and, if it deems appropriate and/or prudent, maintain
greater limits and/or broader coverage.
Nothing contained within these insurance requirements shall be deemed to limit the scope,
application and/or limits of the coverage afforded, which coverage will apply to each insured to
the full extent provided by the terms and conditions of the policy(s). Nothing contained within
this provision shall affect and/or alter the application of any other provision contained within
this Contract.
A. Commercial Liability Insurance
Before this Contract is fully executed by the parties, Contractor shall provide the
City with a certificate of insurance as proof of commercial liability insurance with a
minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence,
combined single limit bodily injury and property damage, and Two Million Dollars
($2,000,000.00) general aggregate. If Contractor carries higher coverage limits,
such limits shall be shown on the Certificate of Insurance and Endorsements and
the City, its elected and appointed officials, employees, agents, attorneys and
volunteers shall be named as additional insureds for such higher limits. The
certificate shall clearly state who the provider is, the coverage amount, the policy
number, and when the policy and provisions provided are in effect. Said policy
shall be in effect for the duration of the Contract. The policy shall name the City
of Yakima, its elected and appointed officials, employees, agents, attorneys and
volunteers as additional insureds, and shall contain a clause that the insurer will
not cancel or change the insurance without first giving the City prior written
notice. The insurance shall be with an insurance company or companies rated A-
VII or higher in Best's Guide and admitted to the State of Washington. The
requirements contained herein, as well as the City of Yakima's review or
acceptance of insurance maintained by Contractor is not intended to and shall not
in any manner limit or qualify the liabilities or obligations assumed by Contractor
under this Contract.
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B. Automobile Liability Insurance
Before this Contract is fully executed by the parties, Contractor shall provide the City with
a certificate of insurance as proof of automobile liability insurance with a minimum
liability limit of Two Million Dollars ($2,000,000.00) per occurrence. If Contractor carries
higher coverage limits, such limits shall be shown on the Certificate of Insurance and
Endorsements and the City, its elected and appointed officials, employees, agents,
attorneys and volunteers shall be named as additional insureds for such higher limits.
The certificate shall clearly state who the provider is, the coverage amount, the policy
number, and when the policy and provisions provided are in effect. Said policy shall be
in effect for the duration of this Contract. The policy shall name the City of Yakima, its
elected and appointed officials, employees, agents, attorneys, representatives, and
volunteers as additional insureds, and shall contain a clause that the insurer will not
cancel or change the insurance without first giving the City prior written notice. 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. The requirements contained
herein, as well as City of Yakima's review or acceptance of insurance maintained by
Contractor is not intended to and shall not in any manner limit or qualify the liabilities or
obligations assumed by Contractor under this Contract. The business auto liability shall
include Hired and Non-Owned coverage if necessary.
C. Employer's Liability (Stop Gap)
Contractor and all subcontractor(s) shall at all times comply with all applicable workers'
compensation, occupational disease, and occupational health and safety laws, statutes,
and regulations to the full extent applicable, and shall maintain Employer's Liability
Insurance with a limit of no less than $1,000,000.00. The City shall not be held
responsible in any way for claims filed by Contractor or its employees for services
performed under the terms of this Contract including claims resulting from negligent acts
of all subcontractors. Contractor is responsible to ensure subcontractors have insurance
as needed. Failure of subcontractors to comply with insurance requirements does not
limit Contractor's liability or responsibility.
D. Professional Service
Contractor shall provide evidence of Professional Liability Insurance covering
professional errors and omissions. Such policy must provide the following minimum
limits: $2,000,000.00 per claim. If insurance is on a claims made form, its retroactive
date, and that of all subsequent renewals, shall be no later than the effective date of this
Contract.
E. Subcontractors
The Contractor shall include all Subcontractors as insureds under its policies or shall
furnish separate certificates of insurance and policy endorsements for each
Subcontractor. Insurance coverages provided by Subcontractors as evidence of
compliance with the insurance requirements of this Contract not provided by the
Contractor, shall be subject to all of the requirements stated herein.
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F. Work Site Safety
The Contractor shall have the "right to control" and bear the sole responsibility for the job
site conditions, and job site safety. The Contractor shall comply with all applicable
federal, state and local safety regulations governing the job site, employees and
Subcontractors. The Contractor shall be responsible for the Subcontractor's compliance
with these provisions.
22. Assignment.
Contractor shall not assign any interest, obligation or benefit under or in this Contract or
transfer any interest in the same, whether by assignment or novation, without prior written
consent of the City. If assignment is approved, this Contract shall be binding upon and inure to
the benefit of the successors of the assigning party upon the written agreement by assignee to
assume and be responsible for the obligations and liabilities of the Contract, known and
unknown, and applicable law.
If at any time during the Contract term the Contractor experiences a change in its name or
federal tax status either through acquisition, novation, assignment, re-organization or some
other change that affects its Taxpayer Identification Number (TIN) or Tax Reporting Name, it
shall notify the City of Yakima immediately upon the information becoming publicly available.
This notification shall be sent by the Contractor to the current Contract Specialist via email
along with:
A. Any official announcements from the firm's representative(s) regarding the changes;
B. A new City of Yakima W-9; and
C. A current statement, listing of unfilled orders and electronic versions of all outstanding
invoices and credit memos at the time of the change shall be provided to the Contract
Specialist as soon as possible.
Any delay on the part of the Contractor to provide these items to the Contract Specialist may
result in the delay of payment and orders. The City may create a new contract number to
replace the existing one. All future orders and Contract Amendments will reference the new
contract number.
23. Subcontracting.
A. Written Consent of the City:
The Contractor shall not subcontract any portion of this Contract or transfer or assign
any claim arising pursuant to this Contract without the prior written consent of the City.
The City's consent must be sought in writing by the Contractor not less than 15 days
prior to the date of any proposed subcontract.
The rejection or approval by the City of any subcontractor or the termination of a
subcontractor will not relieve Contractor of any of its responsibilities under the
Contract, nor be the basis for additional charges to the City.
In no event will the existence of the subcontract operate to release or reduce the
liability of Contractor to the City for any breach in the performance of Contractor's
duties.
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The City has no contractual obligations to any subcontractor or vendor under contract
to the Contractor. Contractor is fully responsible for all contractual obligations, financial
or otherwise, to its subcontractors.
B. "Subcontract" Defined:
"Subcontract" shall mean any agreement between the Contractor and a subcontractor
or between subcontractors that is based on this Contract, provided that the term
"subcontract" does not include the purchase of (1) support services not related to the
subject matter of this Contract, or (2) supplies.
C. Required Clauses for Subcontracts:
The Contractor shall include Sections:
Section # Description
1 Contractor capacity, technical assistance, compliance with
Act and Definitions section
5 Internal Control and Accounting System
7 Maintenance of Records
8 Evaluations and Inspections
11 Financial Report Submission
14 Hold Harmless and Indemnification
15 False Statements
16 Publications
17 Disclaimer by the City and United States
18 Protection of Whistleblowers
19 Increasing Seat Belt Use in the United States
20 Reducing Text Messaging While Driving
21 Insurance Requirements
23 Subcontracting
24 _Nondiscrimination
25 Conflict of Interest
34 Services Provided in Accordance with Law and Rule and
_Regulation
35 Applicable Law
40 Payment Procedures: Prompt Payment for Subcontractors
46 Background Checks
47 Subaward Language
in every subcontract or purchase agreement for services that relate to the subject matter of this
Contract.
D. Required Language for Subcontracts:
The Contractor shall include the following language verbatim in every subcontract for
services which relate to the subject matter of this Contract:
"Subcontractor shall protect, defend, indemnify, and hold harmless the City of Yakima,
its elected and appointed officials, officers, employees, agents, representatives,
insurers, attorneys, and volunteers, from any and all costs, claims, judgments, and/or
49
awards of damages arising out of, or in any way resulting from any act or omissions of
subcontractor, its officers, employees, and/or agents in connection with or in support of
this Contract. Subcontractor expressly agrees and understands that the City of Yakima
is a third-party beneficiary to its Contract with Contractor and shall have the right to
bring an action against subcontractor to enforce the provisions of this paragraph."
24. Nondiscrimination.
A. The Contractor shall comply with all applicable federal, state and local laws regarding
discrimination, including those set forth in this Section.
B. Nondiscrimination:
During performance of the Contract, the Contractor shall not discriminate against any
employee or applicant for employment because of the employee's or applicant's sex,
race, color, marital status, national origin, religious affiliation, disability, sexual
orientation, gender identity or expression or age except by minimum age and
retirement provisions, unless based upon a bona fide occupational qualification. The
Contractor will make equal employment opportunity efforts to ensure that applicants
and employees are treated equitably, without regard to their sex, race, color, marital
status, national origin, religious affiliation, disability, sexual orientation, gender identity
or expression or age.
C. Equal Employment Opportunity Efforts:
The Contractor will undertake, and require all Subcontractors to undertake equal
employment opportunity efforts to ensure that applicants and employees are treated,
without regard to their sex, race, color, marital status, national origin, religious
affiliation, disability, sexual orientation, gender identity or expression or age. Equal
employment opportunity efforts shall include, but not be limited to, the following:
employment, upgrading, demotion or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeships. The Contractor agrees to post, and to require
Subcontractors to post in conspicuous places available to employees and applicants
for employment notices setting forth this nondiscrimination clause.
D. Nondiscrimination in Subcontracting Practices:
During the term of this Contract, the Contractor shall not create barriers to open and
fair opportunities to participate in City contracts or to obtain or compete for contracts
and subcontracts as sources of supplies, equipment, construction and services. In
considering offers from and doing business with subcontractors and suppliers, the
Contractor shall not discriminate against any person because of their sex, race, color,
marital status, national origin, religious affiliation, disability, sexual orientation, gender
identity or expression or age except by minimum age and retirement provisions, unless
based upon a bona fide occupational qualification.
E. Sanctions for Violations:
Any violation of the mandatory requirements of the provisions of this Section shall be a
material breach of Contract, for which the Contractor may be subject to damages,
withholding payment and any other sanctions provided for by Contract and by applicable
50
law.
25. Conflict of Interest.
Contractor understands and agrees it must maintain a conflict of interest policy
consistent with 2 C.F.R. §200.318(c) and that such conflict of interest policy is
applicable to each activity funded under this award. Contractor and subrecipients must
disclose in writing any potential conflict of interest affecting the awarded funds in
accordance with 2 C.F.R. § 200.112.
26. Equipment Purchase, Maintenance, and Ownership.
A. Equipment Maintenance:
The Contractor agrees that when Contract funds are used to pay for all or part of the
purchase costs of any equipment that costs $5,000 or more per item, and the purchase
of such equipment is identified in an exhibit to this Contract, such equipment is, upon
the purchase or receipt, the property of the City and/or federal/state government. The
Contractor shall be responsible for all proper care and maintenance of the equipment,
including securing and insuring such equipment.
B. Equipment Ownership:
The Contractor shall ensure that all such equipment is returned to the City or
federal/state government upon termination of this Contract unless otherwise agreed
upon by the parties.
27. Proprietary Rights.
A. Ownership Rights of Materials Resulting from Contract:
Except as indicated below or as described in an Exhibit, the parties to this Contract
hereby agree that if any patentable or copyrightable material or article should result
from the work described herein, all rights accruing from such material or article shall be
the sole property of the City. To the extent that any rights in such materials vest initially
with the Contractor by operation of law or for any other reason, the Contractor hereby
perpetually and irrevocably assigns, transfers and quitclaims such rights to the City.
The City agrees to and does hereby grant to the Contractor a perpetual, irrevocable,
nonexclusive, and royalty-free license to use and create derivative works, according to
law, any material or article and use any method that may be developed as part of the
work under this Contract.
B. Ownership Rights of Previously Existing Materials:
The Contractor shall retain all ownership rights in any pre-existing patentable or
copyrightable materials or articles that are delivered under this Contract, but do not
originate from the work described herein. The Contractor agrees to and does hereby
grant to the City a perpetual, irrevocable, nonexclusive, and royalty-free license to use
and create derivative works, according to law, any pre-existing material or article and
use any method that may be delivered as part of the work under this Contract.
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C. Continued Ownership Rights:
The Contractor shall sign all documents and perform other acts as the City deems
necessary to secure, maintain, renew, or restore the rights granted to the City as set
forth in this section.
28. Political Activity Prohibited.
None of the funds, materials, property, or services provided directly or indirectly under this
Contract shall be used for any partisan political activity or to further the election or defeat of
any candidate for public office.
29. Future Support.
The City makes no commitment to support contracted services and assumes no obligation for
future support of the contracted activity or activities that will be undertaken by Contractor at the
domestic violence shelter, except as expressly set forth in this Contract.
30. Entire Contract.
The parties agree that this Contract is the complete expression of the described subject
matter, and any oral or written representations or understandings not incorporated herein are
excluded. Both parties recognize that time is of the essence in the performance of this
Contract.
31. Contract Amendments.
Either party may request changes to this Contract. Proposed changes that are mutually
agreed upon shall be incorporated only by written amendments to this Contract.
32. Notices.
Whenever this Contract provides for notice by one party to another, such notice shall be in
writing and directed to each party's contact representative indicated within the contract
exhibits. Any time within which a party must take some action shall be computed from the date
that any associated required notice is received by that party.
Unless otherwise specified in the Contract, all notices or documentation required or provided
pursuant to this Contract shall be in writing and shall be deemed duly given when received at
the addresses first set forth below via certified or registered first class mail, return receipt
requested, personal delivery or electronic mail. However, if any of the following occur: "notice
to cure" a default, Contractor communication in connection with an alleged default, or notice of
termination, such notice or communication shall only be delivered personally, or by certified or
registered first class mail, return receipt requested.
CITY OF YAKIMA CONTRACTOR
Robert Harrison Cheri Kilty
City Manager Executive Director
129 North 2"d Street 818 W Yakima Ave
52
Yakima, WA 98901 Yakima, WA 98902
bob.harrison@yakimawa.gov ckelty@ywcayakima.org
Copy to:
Cally Price
129 North 2nd Street
Yakima, WA 98901
Cally.price@yakimawa.gov
33. Services Provided in Accordance with Law and Rule and Regulation.
The Contractor and any subcontractor agree to abide by the laws of the state of Washington,
rules and regulations promulgated thereunder, and regulations of the state and federal
governments, as applicable, which control disposition of funds granted under this Contract, all
of which are incorporated herein by reference.
If there is an irreconcilable conflict between any of the language contained in any exhibit or
attachment to this Contract, the language in the Contract shall control over the language
contained in the exhibit or the attachment, unless the exhibit provision expressly indicates that
it controls over inconsistent contract language. If there is conflict among requirements set forth
in exhibits, language contained in the lower numbered exhibit shall control unless the higher
numbered exhibit provision expressly indicates that it controls over inconsistent lower
numbered exhibit language.
34. Applicable Law.
A. This Contract shall be construed and interpreted in accordance with the laws of the
State of Washington. The venue for any action hereunder shall be in the Superior
Court for Yakima County, Washington.
B. Contractor agrees to comply with the requirements of section 603 of the Act, the
Treasury's regulations implementing that section, and guidance issued by
Treasury regarding the foregoing. Contractor also agrees to comply with all
other applicable federal laws, regulations, and executive orders, and Contractor
shall provide for such compliance by other parties in any agreements it enters
into with other parties relating to this Contract.
C. Federal regulations applicable to this award include, without limitation, the
following:
Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards, 2 C.F.R. Part 200, including the following:
i. Subpart A, Acronyms and Definitions;
ii. Subpart B, General Provisions;
53
iii. Subpart C, Pre-Federal Award Requirements and Contents of Federal
Awards;
iv. Subpart D, Post-Federal Award Requirements;
v. Subpart E, Cost Principles;and
vi. Subpart F, Audit Requirements.
Universal Identifier and System for Award Management(SAM), 2 C.F.R. Part 25,
pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is
hereby incorporated by reference.
Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170,
pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is
hereby incorporated by reference.
OMB Guidelines to Agencies on Governmentwide Debarment and Suspension
(Non-procurement), 2 C.F.R. Part 180, including the requirement to include a term
or condition in all lower tier covered transactions (contracts and subcontracts
described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part
180 and Treasury's implementing regulation at 31 C.F.R. Part 19.
Recipient Integrity and Performance Matters, pursuant to which the award term set
forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by
reference.
Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20.
New Restrictions on Lobbying, 31 C.F.R. Part 21.
Uniform Relocation Assistance and Real Property Acquisitions Act of 1970(42
U.S.C. §§4601-4655) and implementing regulations.
Generally applicable federal environmental laws and regulations.
D. Statutes and regulations prohibiting discrimination applicable to this award
include, without limitation, the following:
i. Title VI of the Civil Rights Act of 1964(42 U.S.C. §§ 2000d et seq.) and Treasury's
Implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on
the basis of race, color, or national origin under programs or activities receiving
federal financial assistance;
H. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968(42 U.S.C. §§3601
et seq.), which prohibits discrimination in housing on the basis of race, color,
religion, national origin, sex, familial status, or disability;
54
iii.Section 504 of the Rehabilitation Act of 1973, as amended(29 U.S.C. § 794),
which prohibits discrimination on the basis of disability under any program or
activity receiving federal financial assistance;
iv.The Age Discrimination Act of 1975, as amended(42 U.S.C. §§ 6101 et seq.), and
Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit
discrimination on the basis of age in programs or activities receiving federal
financial assistance; and
v. Title ll of the Americans with Disabilities Act of 1990, as amended(42 U.S.C. §§
12101 et seq.), which prohibits discrimination on the basis of disability under
programs, activities, and services provided or made available by state and local
governments or instrumentalities or agencies thereto;
vi.Hatch Act. Contractor agrees to comply, as applicable, with requirements of the
Hatch Act(5 U.S.C.§§ 1501-1508 and 7324-7328), which limits certain political
activities of federal employees, as well as certain other employees who work in
connection with federally funded programs.
E PROHIBITION ON PROVIDING FUNDS TO THE ENEMY (2 CFR 183)
i. The Contractor must exercise due diligence to ensure that none of the funds, including
supplies and services, received under this Contract are provided directly or indirectly
(including through subcontracts)to a person or entity who is actively opposing the United
States or coalition forces involved in a contingency operation in which members of the
Armed Forces are actively engaged in hostilities. The Contractor must terminate or void
in whole or part any subcontract with a person or entity listed in the System Award
Management Exclusions (SAM) as a prohibited or restricted sources pursuant to subtitle
E of Title VIII of the NDAA for FY 2015, unless the Federal awarding agency provides
written approval to continue the subcontract.
ii. The Federal awarding agency has the authority to terminate or void this Contract, in
whole or in part, if the Federal awarding agency becomes aware that the Contractor
failed to exercise due diligence as required by paragraph A of this clause of if the Federal
awarding agency becomes aware that any funds received under this Contract have been
provided directly or indirectly to a person or entity who is actively opposing coalition
forces involved in a contingency operation in which members of the Armed Forces are
actively engaged in hostilities.
iii. In addition to any other existing examination-of-records authority, the Federal
Government is authorized to examine any records of the Contractor and its Subcontracts
to the extent necessary to ensure that funds, including supplies and services, available
under this Contract are not provided, directly or indirectly, to a person or entity that is
actively engaged in hostilities, except for awards awarded by the Department of Defense
on or before Dec 19, 2017 that will be performed in the United States Central Command
(USCENTCOM) theater of operations.
iv. The Contract must include the substance of this clause, including paragraph, in
subcontracting agreements that have an estimated value over $50,000 and will be
performed outside the United States, including its outlying areas.
F. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE
SERVICES OR EQUIPMENT (CFR 200.216)
55
i. Costs incurred for telecommunications and video surveillance services or equipment
such as phones, internet, video surveillance, cloud servers are allowable except for the
following circumstances:
ii. Contractor and Subcontractor are prohibited from obligating or expending contract funds
to:
a. Procure or obtain;
b. Extend or renew a contract to procure or obtain; or
c. Enter into a contract(or extend or renew a contract)to procure or obtain equipment,
services, or systems that uses covered telecommunications equipment or services
as a substantial or essential component of any system, or as critical technology as
part of any system. As described in Public Law 115-232, section 889, covered
telecommunications equipment is telecommunications equipment produces by
Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate
of such entities).
1. For the purpose of public safety, security of government facilities, physical
security surveillance of critical infrastructure, and other national security
purposes, video surveillance and telecommunications equipment produced
by Hytera Communications Corporation, Hangzhou Hikvision Digital
Technology Company, or Dahua Technology Company (or any subsidiary or
affiliate of such entities).
2. Telecommunications or video surveillance services provided by such entities
or using such equipment.
3. Telecommunications or video surveillance equipment or services produced
or provided by an entity that the Secretary of Defense, in consultation with
the Director of the National Intelligence or the Director of the Federal Bureau
of Investigation, reasonably believes to be an entity owned or controlled by,
or otherwise connected to, the government of a covered foreign country.
G. DOMESTIC PREFERENCES FOR PROCUREMENTS (CFR 200.322)
i. As appropriate and to the extent consistent with law, the Contractor should, to the
greatest extent practicable under a Federal award, provide a preference for the
purchase, acquisition, or use of goods, products, or materials produced in the
United States (including but not limited to iron, aluminum, steel, cement, and other
manufactured products). The requirements of this section must be included in all
subcontracting agreements and purchase orders for work or products under this
contract.
ii. For purposes of this section:
a. "Produced in the United States" means, for iron and steel products, that all
manufacturing processes, from the initial melting state through the application
of coatings, occurred in the United States.
b. "Manufactured products" means items and construction material composed in
whole or in part of non-ferrous metals such as aluminum; plastics and polymer-
based products such as polyvinyl chloride pipe; aggregates such as concrete;
glass, including optical fiber; and lumber.
35. No Third-Party Beneficiaries.
56
Except for the parties to whom this Contract is assigned in compliance with the terms of this
Contract, there are no third party beneficiaries to this Contract, and this Contract shall not
impart any rights enforceable by any person or entity that is not a party hereto.
36. Non-Waiver of Breach.
Waiver of any default shall not be deemed to be a waiver of any subsequent default. No action
or failure to act by the City shall constitute a waiver of any right or duty afforded to the City
under the Contract; nor shall any such action or failure to act by the City modify the terms of
the Contract or constitute an approval of, or acquiescence in, any breach hereunder, except as
may be specifically stated by the City in writing.
37. Emergency Response Requirements.
Within three months of the execution of this Contract, the Contractor shall prepare and make
available to the City upon request, the necessary plans, procedures and protocols to:
A. Respond to and recover from a natural disaster or major disruption to Contractor
operations such as a work stoppage.
B. Continue operations during a prolonged event such as a pandemic.
If the Contractor does not have any such plan as of the start of this Contract, the
Contractor may request (i) an extension of the time needed to create a plan, and (ii) for
assistance from the City in preparing such a plan.
At a minimum, any plans, procedures, or protocols described in this section must
include how the Contractor plans to continue to provide the services described in or
funded by this Contract.
38. Contractor Certification.
By signing this Contract, the Contractor certifies that, in addition to agreeing to the terms and
conditions provided herein, it has read and understands all contracting requirements as
contained in this Contract and the Exhibits and Attachments hereto.
39. Payment Procedures; Prompt Payment of Subcontractors.
For Work Accepted by the City the Contractor shall furnish invoices to the City. All invoices
shall be sent to the City of Yakima, do the Finance Department. All invoices shall contain the
following information:
A. Invoice date
B Purchase order number (if provided by the City)
C. Ship to address/location
D. Remit address
E. Item number(s)
57
F. Description of supplies or services
G. Quantities
H. Unit prices
I. Subtotal and totals amount
J. Discount terms or amount, if applicable
K. Applicable sales tax with correct tax rate based on destination
For each item invoiced, provide the complete description of the products, services, phases or
milestones Accepted, hours worked and Contract hourly rates, or authorized fees.
The City will not be bound by prices contained in an invoice that are higher than those in
Exhibit B, or if not used as part of this Contract, then the current price list for this Contract
approved by the City. Within thirty (30) Days after receipt of an invoice, the City shall pay the
Contractor for Accepted Work, upon acceptance of payment Contractor waives any claims for
the Work covered by the invoice.
If the Contractor is registered with the State of Washington it shall add all applicable State
sales or use taxes to each invoice and upon receipt of the payment promptly remit appropriate
amounts to the State of Washington, or the City will make payment directly to the State.
The Contractor agrees to pay each Subcontractor under this Contract for satisfactory
performance of its Subcontract within ten (10) Days from the receipt of each payment the
Contractor receives from the City.
40. Pricing.
Prices shall remain firm for the duration of the Contract. The Contractor may request a price
change(s) in writing delivered to the City. The Contractor shall provide documentation
satisfactory to the City in support of its request. The City reserves the right, in its sole
discretion, to grant the request as submitted, engage the Contractor in a discussion about
modifications to the request, or deny the request in its entirety. Any change in pricing granted
by the City shall be affected through a Contract Amendment instituting the price adjustment
and establishing an effective date.
41. Shipping Charges
All prices shall include freight FOB to the designated delivery point. The City shall reject
requests for additional compensation for freight charges.
42. Force Majeure
The term "force majeure" shall include, without limitation by the following enumeration: acts of
nature, acts of civil or military authorities, terrorism, fire, accidents, shutdowns for purpose of
emergency repairs, industrial, civil or public disturbances, causing the inability to perform the
58
requirements of this Contract; provided, however, "force majeure" shall not include the COVID-
19 pandemic which is ongoing as of the date of the execution of this Contract. If any party is
rendered unable, wholly or in part, by a force majeure event to perform or comply with any
obligation or condition of this Contract, upon giving notice and reasonably full particulars to the
other party, such obligation or condition shall be suspended only for the time and to the extent
commercially practicable to restore normal operations. In the event the Contractor ceases to
be excused pursuant to this provision, then the City shall be entitled to exercise any remedies
otherwise provided for in this Contract, including termination for default.
43. Severability.
Whenever possible, each provision of this Contract shall be interpreted to be effective and
valid under applicable law. If any provision is found to be invalid, illegal or unenforceable, then
such provision or portion thereof shall be modified to the extent necessary to render it legal,
valid and enforceable and have the intent and economic effect as close as possible to the
invalid, illegal and unenforceable provision.
44. Background Checks.
Contractor warrants and represents that each and every Contractor employee can meet the
following requirements: (a) No convictions within the past ten (10) years for crimes involving
computers, moral turpitude, including fraud, perjury, dishonesty; and (b) No adverse
employment actions within the past ten (10) years regarding dishonesty or the use or misuse
of computers.
Contractor employees needing access to secure areas, records, or systems may be required
to complete a security/background check by the City. The City may require Contractor's
employees, agents, consultants or Subcontractors to complete a brief questionnaire and
complete fingerprinting as part of the investigation process. The required background check
will review and evaluate driving records, criminal records, employment histories, military
records, personal and employment references and related information. Contractor employees
failing the background check may, at the sole discretion of the City, be restricted from working
within secured areas or with City systems in any capacity. The Contractor will assign
alternative staff who have passed the background check to meet the requirements of the
Contract.
45. Subaward Language.
Pursuant to 2 C.R.F. Part 200.320, an agency must make a determination whether the
scope of work falls under a Subrecipient or Contractor relationship. The non-Federal
entity may concurrently receive Federal awards as a recipient, a subrecipient, and a
contractor, depending on the substance of its agreements with Federal awarding
agencies and pass-through entities. Therefore, a pass-through entity must make case-
by-case determinations whether each agreement it makes for the disbursement of
Federal program funds casts the party receiving the funds in the role of a subrecipient
or a contractor. The Federal awarding agency may supply and require recipients to
comply with additional guidance to support these determinations provided such
guidance does not conflict with this section.
59
A. Subrecipients. A subaward is for the purpose of carrying out a portion of a
Federal award and creates a Federal assistance relationship with the
subrecipient. Characteristics which support the classification of the non-Federal
entity as a subrecipient include when the non-Federal entity:
i. Determines who is eligible to receive what Federal assistance;
ii. Has its performance measured in relation to whether objectives of a Federal
program were met;
iii. Has responsibility for programmatic decision making;
iv. Is responsible for adherence to applicable Federal program requirements
specified in the Federal award; and
v. In accordance with its agreement, uses the Federal funds to carry out a
program for a public purpose specified in authorizing statute, as opposed to
providing goods or services for the benefit of the pass-through entity.
B. Contractors. A contract is for the purpose of obtaining goods and services for
the non-Federal entity's own use and creates a procurement relationship with the
contractor. Characteristics indicative of a procurement relationship between the
non-Federal entity and a contractor are when the contractor:
i. Provides the goods and services within normal business operations;
ii. Provides similar goods or services to many different purchasers;
iii. Normally operates in a competitive environment;
iv. Provides goods or services that are ancillary to the operation of the Federal
program; and
v. Is not subject to compliance requirements of the Federal program as a result
of the agreement, though similar requirements may apply for other reasons.
C. Use of Judgment in Making Determination. In determining whether an agreement
between a pass-through entity and another non-Federal entity casts the latter as
a subrecipient or a contractor, the substance of the relationship is more
important than the form of the agreement. All of the characteristics listed above
may not be present in all cases, and the pass-through entity must use judgment
in classifying each agreement as a subaward or a procurement contract.
If the agency determines that the scope of work falls under a subrecipient relationship, all of
the information below must be included in any subaward agreement:
(i) Subrecipient agency name (which must YWCA of Yakima
match the name associated with its unique
entity identifier);
(ii) Subrecipient agency's unique entity TIN 91-0565563
identifier(i.e. DUNS);
60
(iii) Federal Award Identification Number CFDA 21.027
(FAIN) or Federal; _
(iv) Federal Award Date; March 3, 2021 through December 31,
2024
(v) Subrecipient agency Period of March 3, 2021 through December 31,
Performance Start and End Date; 2024
(vi) Amount of Federal Funds Obligated to the Two Million Dollars($2,000,000.00)
subrecipient agency by this action;
(vii) Total Amount of Federal Funds Obligated Two Million Dollars ($2,000,000.00)
to the subrecipient agency; _
(viii) Total Amount of the Federal Award Two Million Dollars ($2,000,000.00)
committed to the subrecipient;
(ix) Federal award project description, as CORONAVIRUS STATE AND LOCAL
required to be responsive to the Federal FISCAL RECOVERY FUNDS- CITY OF
Funding Accountability and Transparency YAKIMA, Public Health Category
Act(FFATA)
(x) Name of Federal awarding agency, pass- Federal Awarding Agency:
through entity, and contact information for DEPARTMENT OF THE TREASURY
awarding official
Pass-Through Entity:
CITY OF YAKIMA
Jennifer Ferrer-Santa Ines
Finance Director
Jennifer.ferrer@yakimawa.gov
(xi) CFDA Number and Name; the pass- CFDA 21.027 Coronavirus State and
through entity must identify the dollar Local Fiscal Recovery Funds
amount made available under each Federal
award and the CFDA number at time of
disbursement;
(xii) Identification of whether the award is No
R&D; and
fxiii) Indirect cost rate for the Federal Award N/A _ _ _.
Is the agency a subrecipient for the purposes Yes
of this agreement?
The subawardee must be in compliance with the below and must note the required information
in their subaward agreements:
(1) A requirement that the subrecipient permit the pass-through entity and auditors
to have access to the subrecipient's records and financial statements as
necessary for the pass-through entity to meet the requirements of this part; and
(2) Appropriate terms and conditions concerning closeout of the subaward.
(3) All requirements imposed by the pass-through entity on the subrecipient so that
the Federal award is used in accordance with Federal statutes, regulations and
the terms and conditions of the Federal award;
(4) Any additional requirements that the pass-through entity imposes on the
subrecipient in order for the pass-through entity to meet its own responsibility to
the Federal awarding agency including identification of any required financial
61
and performance reports;
(5) Evaluate each subrecipient's risk of noncompliance with Federal statutes,
regulations, and the terms and conditions of the subaward for purposes of
determining the appropriate subrecipient monitoring described in paragraphs(d)
and(e) of this section, which may include consideration of such factors as:
(a) The subrecipient's prior experience with the same or similar subawards;
(b) The results of previous audits including whether or not the subrecipient
receives a Single Audit in accordance with Subpart F—Audit Requirements of
this part, and the extent to which the same or similar subaward has been audited
as a major program;
(c) Whether the subrecipient has new personnel or new or substantially changed
systems; and
(d) The extent and results of Federal awarding agency monitoring(e.g., if the
subrecipient also receives Federal awards directly from a Federal awarding
agency).
(6) Consider imposing specific subaward conditions upon a subrecipient if
appropriate as described in §200.207 Specific conditions.
(7) Monitor the activities of the subrecipient as necessary to ensure that the
subaward is used for authorized purposes, in compliance with Federal statutes,
regulations, and the terms and conditions of the subaward; and that subaward
performance goals are achieved. Pass-through entity monitoring of the
subrecipient must include:
(a) Reviewing financial and performance reports required by the pass-through
entity.
(b) Following-up and ensuring that the subrecipient takes timely and appropriate
action on all deficiencies pertaining to the Federal award provided to the
subrecipient from the pass-through entity detected through audits, on-site
reviews, and other means.
(c) Issuing a management decision for audit findings pertaining to the Federal
award provided to the subrecipient from the pass-through entity as required by
§200.521 Management decision.
(8) Depending upon the pass-through entity's assessment of risk posed by the
subrecipient(as described in paragraph (b) of this section), the following
monitoring tools may be useful for the pass-through entity to ensure proper
accountability and compliance with program requirements and achievement of
performance goals:
(a) Providing subrecipients with training and technical assistance on program-
related matters; and
(b) Performing on-site reviews of the subrecipient's program operations;
62
(c) Arranging for agreed-upon-procedures engagements as described in
§200.425 Audit services.
(9) Verify that every subrecipient is audited as required by Subpart F—Audit
Requirements of this part when it is expected that the subrecipient's Federal
awards expended during the respective fiscal year equaled or exceeded the
threshold set forth in §200.501 Audit requirements.
(10) Consider whether the results of the subrecipient's audits, on-site reviews, or
other monitoring indicate conditions that necessitate adjustments to the pass-
through entity's own records.
(11) Consider taking enforcement action against noncompliant subrecipients as
described in §200.338 Remedies for noncompliance of this part and in program
regulations.
IN WITNESS WHEREOF, the parties hereby agree to the terms and conditions of this Contract:
CITY OF YAKIMA YWCA OF YAKIMA
I. 94_1_
athAAA
Robert Harrison, City Manager Cheri Kilty, Executive Dire tor
j I 1 ( -15I2z
Date Date
g_5v-7
CITY CONTRACT
RESOLUTION NO: p�
63
EXHIBIT A-SCOPE OF WORK AND COVID INFORMATION
1. SCOPE OF WORK
The YWCA of Yakima has contracted with Hogback Development to purchase property to increase its
capacity to serve victims of domestic violence and intimate partners violence. The funding provided
by this contract will be used for construction to convert the building into shelter rooms and associated
space for services for victims of domestic violence. Further information about the construction costs
is found in the budget.
Currently, the facility is vacant, and was previously utilized for medical and office space. Significant
construction activities are necessary to convert the building from office and clinical space to
residential spaces for clients. Construction, funded in part by this contract, will create 45 safe
emergency shelter rooms that can house approximately 117 adults and children. In addition, men
fleeing domestic violence will also be able to receive safe shelter at the facility.
In addition to shelter, domestic violence victims will receive a wide range of vital services like legal
advocacy including assistance with completing and filing protection orders and education on legal
remedies available, safety planning, crisis services, including 24-hour crisis hotline, individualized
case management, mental health and substance abuse, education and domestic violence awareness
classes, after care counseling; life skills training; and financial education. Special attention will be
given to the needs of children including how the facility is designed and services tailored to each child
and family's needs. Providing crisis housing and services leads to breaking the cycle of abuse, trauma
and violence. As part of the conversion, some spaces will be reconstructed into appropriate office and
conference room space to facilitate the services anticipated to be offered at the shelter.
The positive impact of this project is community members experiencing domestic violence will have a
safe place to go during times of crisis. Having safe housing helps increase personal and public safety
leading toward a healthier community. When victims can address the trauma of domestic violence,
they develop stronger mental and physical health. When they see the community supporting their
efforts to rebuild their life. As a result, they make a positive impact back into the community.
2. RELATION OF WORK TO COVID PANDEMIC
The proposed project will help address the increasing critical shortage of crisis shelter for victims of
domestic violence in Yakima, WA. The YWCA Yakima is hereby proposing a second facility that will
expand our crisis shelter and transitional housing program, provide case management services and
help victims rebuild their lives.
Yakima, Washington experiences domestic violence at a rate higher than the rest of the state. The
rate of incidents of domestic violence per 1,000 residents is twice as high as the average of the entire
state (13.9 incidents per 1,000 in Yakima compared to 7.4 incidents per 1,000 in Washington). The
prosecutor's office averages 16 new domestic violence charges filed each week. Officers respond to
countless calls for service each day.
The numbers above have increased by 30% during the global pandemic causing a surge in domestic
violence. Within the last 12 months there has been 1,952 intimate partner violence incidents recorded
by the Yakima Police Department. See following link for additional data. Domestic Violence Incidents
(arcgis.com). The National Commission on Covid-19 and Criminal Justice shows that domestic
violence incidents in the United States increased by 8.1% following lockdown orders.
64
Over 15,000 hotline calls seeking safe housing from victims of domestic violence were answered by
YWCA Yakima staff over the last 3 years. During this same timeframe we have housed 1,200 victims
of domestic violence in our crisis housing, while referring another 1,000 to other shelters or other
community resources and relocating victims for their own safety to other communities. Turning away
victims and referring them to other resources leaves them vulnerable to more violence and abuse.
The funding provided by this contract will assist YWCA Yakima alleviate some of the crisis shelter and
transitional housing beds needed in the City of Yakima.
65
EXHIBIT B BUDGET
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._ L
EXHIBIT C- CONTRACTOR'S PROPOSAL
71
Yakima, Washington experiences domestic violence at a rate higher than the rest of the state.
The rate of incidents of domestic violence per 1,000 residents is almost twice as high as the
average of the entire state (13.9 incidents per 1,000 in Yakima compared to 7.4 incidents per
1,000 in Washington). The prosecutor's office averages 16 new domestic violence charges filed
each week. Officers respond to countless calls for service each day.
Over 15,000 hotline calls seeking safe housing from victims of domestic violence were
answered by YWCA Yakima staff over the last 3 years. During this same timeframe we have
housed 1200 victims of domestic violence in our crisis housing, while referring another 1000 to
other shelters or other community resources and relocating victims for their own safety to
other communities. Turning away victims and referring them to other resources leaves them
vulnerable to more violence and abuse.
This project will help address the ongoing critical shortage of crisis beds for victims of domestic
violence in Yakima, WA.The YWCA Yakima proposes a second facility that would add 50
additional crisis shelter and transitional housing beds, provide case management services and
help victims rebuild their lives.
YWCA Yakima is seeking funding to expand the number of domestic violence crisis beds
available. YWCA Yakima have identified the Old St. Elizabeth Nursing School building as a
suitable facility in our community to renovate and provide 50 plus beds for families fleeing
domestic violence. This expansion will help us
Domestic violence victims will receive a wide range of vital services like legal advocacy including
assistance with completing and filing protection orders and education on legal remedies
available, safety planning, crisis services, including 24-hour crisis hotline, individualized case
management, mental health and substance abuse, education, and domestic violence awareness
classes, after care counseling; life skills training; and financial education. Special attention will
be given to the needs of children including how the facility is designed and services tailored to
each child and family's needs. Providing crisis housing and services leads to breaking the cycle
of abuse, trauma, and violence.
The positive impact of this project is community members experiencing domestic violence will
have a safe place to go during times of crisis. Having safe housing helps increase personal and
public safety leading toward a healthier community. When victims can address the trauma of
domestic violence, they develop stronger mental and physical health. When they see the
community supporting their efforts to rebuild their life. As a result, they make a positive impact
back into the community.
The current YWCA Yakima facility houses 400 victims of domestic violence a year and we have another
400 plus victims that we work with to find a safe place to stay until the YWCA has space to bring the
family into its shelter. Adding an additional facility with 45 new safe residential spaces that can serve up
to 117 adults and children will enable us to better meet the needs of the community. Further, some
72
space will be reserved for men who are victims of domestic violence,serving a portion of the community
which the YWCA did not previously have the capacity to serve with shelter beds. The construction
project proposes reconstruction of the interior space in a three story building which formerly held office
space for a local hospital. That space will be converted into shelter rooms for victims and their families,
shared kitchen and living space, areas where victims and families can receive services,and office space.
The plans for each floor are attached as part of this proposal.
Please also see the Scope of Work which outlines with more particulars the construction project.
73
Floor plans are on file in the City Clerk’s office.
Floor plans are on file in the City Clerk’s office.
Floor plans are on file in the City Clerk’s office.
EXHIBIT D- CIVIL RIGHTS CERTIFICATION
77
CIVIL RIGHTS CERTIFICATION FORM
The funds provided to the grantee named below(hereinafter referred to as the"Grantee")are available under
section 603 of the Social Security Act,as added by section 9901 of the American Rescue Plan Act.
Grantee understands and acknowledges that:
As a condition of receipt of federal financial assistance from the Department of the Treasury,with monies
distributed through the City of Yakima, Grantee provides the assurances stated herein.The federal financial
assistance may include federal grants, loans and contracts to provide assistance to Grantee,the use or rent of
Federal land or property at below market value, Federal training,a loan of Federal personnel,subsidies,and
other arrangements with the intention of providing assistance. Federal financial assistance does not
encompass contracts of guarantee or insurance, regulated programs, licenses, procurement contracts by the
Federal government at market value,or programs that provide direct benefits.
The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances apply to all of the
operations of Grantee's program(s)and activity(ies),so long as any portion of Grantee's program(s)or
activity(ies)is federally assisted in the manner prescribed above
Grantee certifies the following:
1. Grantee ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as
amended,which prohibits exclusion from participation,denial of the benefits of,or subjection to
discrimination under programs and activities receiving federal financial assistance,of any person in the
United States on the ground of race,color,or national origin (42 U.S.C.§2000d et seq.),as implemented
by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive
orders such as Executive Order 13166,directives,circulars, policies, memoranda,and/or guidance
documents.
2. Grantee acknowledges that Executive Order 13166, "Improving Access to Services for Persons with
Limited English Proficiency,"seeks to improve access to federally assisted programs and activities for
individuals who, because of national origin, have Limited English proficiency(LEP).Grantee understands
that denying a person access to its programs,services,and activities because of LEP is a form of national
origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the Department of the
Treasury's implementing regulations.Accordingly,Grantee shall initiate reasonable steps,or comply with
the Department of the Treasury's directives,to ensure that LEP persons have meaningful access to its
programs,services,and activities. Grantee understands and agrees that meaningful access may entail
providing language assistance services, including oral interpretation and written translation where
necessary,to ensure effective communication in Grantee's programs,services,and activities.
3. Grantee agrees to consider the need for language services for LEP persons when Grantee develops
applicable budgets and conducts programs,services,and activities.As a resource,the Department of the
Treasury has published its LEP guidance at 70 FR 6067. For more information on taking reasonable steps
to provide meaningful access for LEP persons, please visit http://www.lep.gov.
4. Grantee acknowledges and agrees that compliance with the assurances constitutes a condition of
continued receipt of federal financial assistance and is binding upon Grantee and its successors,
transferees, and assignees for the period in which such assistance is provided.
5. Grantee shall comply with Title VI of the Civil Rights Act of 1964,which prohibits Grantees of federal
financial assistance from excluding from a program or activity,denying benefits of,or otherwise
discriminating against a person on the basis of race,color,or national origin(42 U.S.C. §2000d et seq.),as
78
implemented by the Department of the Treasury's Title VI regulations,31 CFR Part 22,which are herein
incorporated by reference and made a part of this contract(or agreement).Title VI also includes
protection to persons with "Limited English Proficiency" in any program or activity receiving federal
financial assistance,42 U.S.C. §2000d et seq., as implemented by the Department of the Treasury's Title
VI regulations,31 CFR Part 22, and herein incorporated by reference and made a part of this contract or
agreement.
6. Grantee understands and agrees that if any real property or structure is provided or improved with the
aid of federal financial assistance by the Department of the Treasury,this assurance obligates Grantee, or
in the case of a subsequent transfer,the transferee,for the period during which the real property or
structure is used for a purpose for which the federal financial assistance is extended or for another
purpose involving the provision of similar services or benefits. If any personal property is provided,this
assurance obligates the Contractor for the period during which it retains ownership or possession of the
property.
7. Grantee shall cooperate in any enforcement or compliance review activities by the Department of the
Treasury of the aforementioned obligations. Enforcement may include investigation,arbitration,
mediation, litigation,and monitoring of any settlement agreements that may result from these actions.
Grantee shall comply with information requests,on-site compliance reviews and reporting requirements.
8. Grantee shall maintain a complaint log and inform the Department of the Treasury of any complaints of
discrimination on the grounds of race,color,or national origin,and limited English proficiency covered by
Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request,a list of all
such reviews or proceedings based on the complaint, pending or completed, including outcome. Grantee
also must inform the Department of the Treasury if Contractor has received no complaints under Title VI.
9. Grantee must provide documentation of an administrative agency's or court's findings of non-compliance
of Title VI and efforts to address the non-compliance, including any voluntary compliance or other
agreements between the Contractor and the administrative agency that made the finding. If Grantee
settles a case or matter alleging such discrimination, Grantee must provide documentation of the
settlement. If Grantee has not been the subject of any court or administrative agency finding of
discrimination, please so state.
10. The United States of America has the right to seek judicial enforcement of the terms of this assurances
document and nothing in this document alters or limits the federal enforcement measures that the
United States may take in order to address violations of this document or applicable federal law.
I hereby certify that I have read and understood the obligations described above,that Grantee is in compliance
with the above-described nondiscrimination requirements,and by my signature on this document,acknowledge
my understanding that any intentional or negligent misrepresentation or falsification of any information
submitted in conjunction with this document could subject me to punishment under federal,civil liability and/or
in criminal penalties,including but not limited to fine or imprisonment or both under Title 18,United States
Code,Sec.1001,et seq.and punishment under federal law.
aeAri,
Printed Name ( Signature
Title Date
79
EXHIBIT E- LOBBYING CERTIFICATION
80
LOBBYING CERTIFICATION FORM
The undersigned certifies,to the best of the undersigned's knowledge and belief,that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any
person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress, an
officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any
Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any
cooperative agreement,and the extension, continuation, renewal, amendment,or modification of any Federal
contract,grant, loan,or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing
or attempting to influence an officer or employee of any agency,a Member of Congress, an officer or employee
of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant, loan,or
cooperative agreement,the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to
Report Lobbying," in accordance with its instructions,as attached.
(3)The undersigned shall require that the language of this certification be included in the award documents for all
subawards at all tiers(including subcontracts,subgrants,and contracts under grants, loans,and cooperative
agreements)and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into.Submission of this certification is a prerequisite for making or entering into this transaction
imposed by section 1352,title 31, U.S.Code.Any person who fails to file the required certification shall be subject
to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure.
I hereby certify that I have read the above certification,and that the information and my statements provided herein
by me are true and correct to the best of my knowledge,and by my signature on this document,acknowledge my
understanding that any intentional or negligent misrepresentation or falsification of any of the information in this
document could subject me to punishment under federal and/or civil liability and/or in criminal penalties,including
but not limited to fine or imprisonment or both under Title 18,United States Code,Sec.1001,et seq.and punishment
under federal law.
Ohn-'t arip4460L
Printed Name Signature
\(a.s
Title Date
81
EXHIBIT F COST CERTIFICATION
82
COST CERTIFICATION
I certify that:
1. I have authority and approval from the governing body on behalf of the YWCA of Yakima ("Grantee")to accept
proceeds from the City of Yakima(the"City")per the Agreement by and between the City and Grantee from the
City's allocation of the Coronavirus Local Fiscal Recovery Fund("CLFR")as created by the American Rescue Plan
Act of 2021,Section 9901("ARPA")for eligible expenditures included on the corresponding invoice voucher for
report period March 3,2021 through December 31,2024.
2. I understand that as additional federal guidance becomes available, an amendment to the Contract between
the City and Grantee may become necessary and agree to execute necessary amendments.
3. I understand the City will rely on this certification as a material representation in processing reimbursements or
payment requests.
4. I understand the Grantee receiving funds pursuant to this certification shall retain documentation of all uses of
the funds, including but not limited to invoices and/or sales receipts in a manner consistent with §200.333
Retention requirements for records of 2 CFR 200 Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards(Uniform Guidance). Such documentation shall be produced to the City
upon request and may be subject to audit by the State Auditor.
5. I understand any funds provided pursuant to this certification cannot be used for expenditures for which
Grantee has received any other funding whether state,federal or private in nature,for that same expense.
I hereby certify that I have read the above certification,and that the information and my statements provided herein
by me are true and correct to the best of my knowledge,and by my signature on this document, acknowledge my
understanding that any intentional or negligent misrepresentation or falsification of any of the information in this
document could subject me to punishment under federal and/or civil liability and/or in criminal penalties,including
but not limited to fine or imprisonment or both under Title 18,United States Code,Sec.1001,et seq.and punishment
under federal law.
blivAr`i
Printed Name Signature
1,(4.e,,,,--twiL ce40,(-- ( (1_42 2,3
Title Date
83
EXHIBIT G CONTRACT BETWEEN THE FEDERAL GOVERNMENT AND CITY OF YAKIMA
84
OMB Approved No. 1505-0271
Expiration Date: 11/30/2021
U.S.DEPARTMENT OF THE TREASURY
CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS
Recipient name and address: DUNS Number:078212651
City of Yakima Taxpayer Identification Number: 916001293
129 N 2nd St Assistance Listing Number and Title:21.027
Yakima,Washington 98901
Sections 602(b)and 603(b)of the Social Security Act(the Act)as added by section 9901 of the American Rescue Plan Act,Pub.L.
No. 117-2(March 11,2021)authorizes the Department of the Treasury(Treasury)to make payments to certain recipients from the
Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund.
Recipients hereby agrees,as a condition to receiving such payment from Treasury,agrees to the terms attached hereto.
Recipient:
Authorized Representative Signature(above)
Authorized Representative Name:' Robert Harrison
Authorized Representative Title: City Manager
Date Signed:
U.S. Department of the Treasury:
Authorized Representative Signature(above)
Authorized Representative Name: Jacob Leibenluft
Authorized Representative Title: Chief Recovery Officer,Office of Recovery Programs,
Date Signed: May 17,2021
PAPERWORK REDUCTION ACT NOTICE
The information collected will be used for the U.S.Government to process requests for support.The estimated burden associated with this collection of
information is 15 minutes per response.Comments concerning the accuracy of this burden estimate and suggestions for reducing this burden should be directed
to the Office of Privacy,Transparency and Records,Department of the Treasury,1500 Pennsylvania Ave.,N.W.,Washington,D.C.20220.DO NOT send the
fnrm to this address.An agency may not conduct or sponsor,and a person is not required to respond to,a collection of information unless it displays a valid
control number assigned by OMB.
85
U.S.DEPARTMENT OF THE TREASURY
CORONAVIRUS STATE FISCAL RECOVERY FUND
AWARD TERMS AND CONDITIONS
1.Use of Funds.
a. Recipient understands and agrees that the funds disbursed under this award may only be used in compliance with sections
602(c)and 603(c)of the Social Security Act(the Act)and Treasury's regulations implementing that section and guidance.
b. Recipient will determine prior to engaging in any project using this assistance that it has the institutional,managerial,and
financial capability to ensure proper planning,management,and completion of such project.
2.Period of Performance. The period of performance for this award begins on the date hereof and ends on December 31,2026.As
set forth in Treasury's implementing regulations,Recipient may use award funds to cover eligible costs incurred during the period
that begins on March 3,2021 and ends on December 31,2024.
3.Reporting.Recipient agrees to comply with any reporting obligations established by Treasury,as it relates to this award.
4, Maintenance of and Access to Records
a. Recipient shall maintain records and financial documents sufficient to evidence compliance with sections 602(c)and
603(c),Treasury's regulations implementing those sections,and guidance regarding the eligible uses of funds.
b. The Treasury Office of Inspector General and the Government Accountability Office,or their authorized representatives,
shall have the right of access to records(electronic and otherwise)of Recipient in order to conduct audits or other
investigations.
c. Records shall be maintained by Recipient for a period of five(5)years after all funds have been expended or returned to
Treasury,whichever is later.
5.Prepaward Costs.Pre-award costs,as defined in 2 C.F.R. §200.458,may not be paid with funding from this award.
6.Administrative Costs. Recipient may use funds provided under this award to cover both direct and indirect costs.
7.Cost Sharing.Cost sharing or matching funds are not required to be provided by Recipient.
8.Conflicts of Interest. Recipient understands and agrees it must maintain a conflict of interest policy consistent with 2 C.F.R. §
200.318(c)and that such conflict of interest policy is applicable to each activity funded under this award.Recipient and
subrecipients must disclose in writing to Treasury or the pass-through entity,as appropriate,any potential conflict of interest
affecting the awarded funds in accordance with 2 C.F.R. § 200.112.
9.Compliance with Avolicable Law and Regulations.
a. Recipient agrees to comply with the requirements of sections 602 and 603 of the Act,regulations adopted by Treasury
pursuant to sections 602(f)and 603(f)of the Act,and guidance issued by Treasury regarding the foregoing.Recipient also
agrees to comply with all other applicable federal statutes,regulations,and executive orders,and Recipient shall provide for
such compliance by other parties in any agreements it enters into with other parties relating to this award.
b. Federal regulations applicable to this award include,without limitation,the following:
i. Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards,2 C.F.R.Part
200,other than such provisions as Treasury may determine are inapplicable to this Award and subject to such
exceptions as may be otherwise provided by Treasury. Subpart F—Audit Requirements of the Uniform Guidance,
implementing the Single Audit Act,shall apply to this award.
ii. Universal Identifier and System for Award Management(SAM),2 C.F.R.Part 25,pursuant to which the award term
set forth in Appendix A to 2 C.F.R.Part 25 is hereby incorporated by reference.
iii. Reporting Subaward and Executive Compensation Information,2 C.F.R.Part 170,pursuant to which the award term
set forth in Appendix A to 2 C.F.R.Part 170 is hereby incorporated by reference.
iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension(Nonprocurement),2 C.F.R.Part
180,including the requirement to include a term or condition in all lower tier covered transactions(contracts and
subcontracts described in 2 C.F.R.Part 180,subpart B)that the award is subject to 2 C.F.R.Part 180 and Treasury's
implementing regulation at 31 C.F.R.Part 19.
86
v. Recipient Integrity and Performance Matters,pursuant to which the award term set forth in 2 C.F.R.Part 200,
Appendix XII to Part 200 is hereby incorporated by reference.
vi. Govemmentwide Requirements for Drug-Free Workplace,31 C.F.R.Part 20.
vii. New Restrictions on Lobbying,31 C.F.R.Part 21.
viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970(42 U.S.C. §§4601-4655)and
implementing regulations.
ix. Generally applicable federal environmental laws and regulations.
c. Statutes and regulations prohibiting discrimination applicable to this award,include,without limitation,the following:
i. Title VI of the Civil Rights Act of 1964(42 U.S.C. §§2000d et seq.)and Treasury's implementing regulations at 31
C.F.R.Part 22,which prohibit discrimination on the basis of race,color,or national origin under programs or
activities receiving federal financial assistance;
ii. The Fair Housing Act,Title VIII of the Civil Rights Act of 1968(42 U.S.C.§§3601 et seq.),which prohibits
discrimination in housing on the basis of race,color,religion,national origin,sex,familial status,or disability;
iii. Section 504 of the Rehabilitation Act of 1973,as amended(29 U.S.C. § 794),which prohibits discrimination on the
basis of disability under any program or activity receiving federal financial assistance;
iv. The Age Discrimination Act of 1975,as amended(42 U.S.C.§§6101 et seq.),and Treasury's implementing
regulations at 31 C.F.R.Part 23,which prohibit discrimination on the basis of age in programs or activities
receiving federal financial assistance;and
v. Title II of the Americans with Disabilities Act of 1990,as amended(42 U.S.C. §§ 12101 et seq.),which prohibits
discrimination on the basis of disability under programs,activities,and services provided or made available by state
and local governments or instrumentalities or agencies thereto.
10.Remedial Actions In the event of Recipient's noncompliance with sections 602 and 603 of the Act,other applicable laws,
Treasury's implementing regulations,guidance,or any reporting or other program requirements,Treasury may impose additional
conditions on the receipt of a subsequent tranche of future award funds,if any,or take other available remedies as set forth in 2
C.F.R. §200.339.In the case of a violation of sections 602(c)or 603(c)of the Act regarding the use of funds,previous payments
shall be subject to recoupment as provided in sections 602(e)and 603(e)of the Act.
ii.Hatch Act,Recipient agrees to comply,as applicable,with requirements of the Hatch Act(5 U.S.C.§§ 1501-1508 and
7324-7328),which limit certain political activities of State or local government employees whose principal employment is in
connection with an activity financed in whole or in part by this federal assistance.
12.False Statements,Recipient understands that making false statements or claims in connection with this award is a violation of
federal law and may result in criminal,civil,or administrative sanctions,including fines,imprisonment,civil damages and
penalties,debarment from participating in federal awards or contracts,and/or any other remedy available by law.
13.Publicatines Any publications produced with funds from this award must display the following language:"This project[is
being] [was]supported,in whole or in part,by federal award number[enter project FAIN]awarded to City of Yakima by the U.S.,
Department of the Treasury."
14 Debts,Cy' Federal_i..s sugm;entd
a. Any funds paid to Recipient(1)in excess of the amount to which Recipient is finally determined to be authorized to retain
under the terms of this award;(2)that are determined by the Treasury Office of Inspector General to have been misused;or
(3)that are determined by Treasury to be subject to a repayment obligation pursuant to sections 602(e)and 603(e)of the
Act and have not been repaid by Recipient shall constitute a debt to the federal government.
b. Any debts determined to be owed the federal government must be paid promptly by Recipient.A debt is delinquent if it has
not been paid by the date specified in Treasury's initial written demand for payment,unless other satisfactory arrangements
have been made or if the Recipient knowingly or improperly retains funds that are a debt as defined in paragraph 14(a).
Treasury will take any actions available to it to collect such a debt.
87
15, Disclaimer.
a. The United States expressly disclaims any and all responsibility or liability to Recipient or third persons for the actions of
Recipient or third persons resulting in death,bodily injury,property damages,or any other losses resulting in any way from
the performance of this award or any other losses resulting in any way from the performance of this award or any contract,
or subcontract under this award.
b. The acceptance of this award by Recipient does not in any way establish an agency relationship between the United States
and Recipient.
16. Protections for Whistleblowers.
a. In accordance with 41 U.S.C. §4712,Recipient may not discharge,demote,or otherwise discriminate against an employee
in reprisal for disclosing to any of the list of persons or entities provided below,information that the employee reasonably
believes is evidence of gross mismanagement of a federal contract or grant,a gross waste of federal funds,an abuse of
authority relating to a federal contract or grant,a substantial and specific danger to public health or safety,or a violation of
law,rule,or regulation related to a federal contract(including the competition for or negotiation of a contract)or grant.
b. The list of persons and entities referenced in the paragraph above includes the following:
i. A member of Congress or a representative of a committee of Congress;
ii. An Inspector General;
iii. The Government Accountability Office;
iv. A Treasury employee responsible for contract or grant oversight or management;
v. An authorized official of the Department of Justice or other law enforcement agency;
vi. A court or grand jury;or
vii. A management official or other employee of Recipient,contractor,or subcontractor who has the responsibility to
investigate,discover,or address misconduct.
c. Recipient shall inform its employees in writing of the rights and remedies provided under this section,in the predominant
native language of the workforce.
17. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043,62 FR 19217(Apr. 18, 1997),Recipient
should encourage its contractors to adopt and enforce on-the-job seat belt policies and programs for their employees when
operating company-owned,rented or personally owned vehicles.
18.Reducing Text Messaging While Driving. Pursuant to Executive Order 13513,74 FR 51225 (Oct.6,2009),Recipient should
encourage its employees,subrecipients,and contractors to adopt and enforce policies that ban text messaging while driving,and
Recipient should establish workplace safety policies to decrease accidents caused by distracted drivers.
88
OMB Approved No. 1505-0271
Expiration Date: 11/30/2021
ASSURANCE OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS
ASSURANCE OF COMPLIANCE WITH TITLE VI OF THE
CIVIL RIGHTS ACT OF 1964
As a condition of receipt of federal financial assistance from the Department of the Treasury,the City of Yakima(hereinafter
referred to as"the Recipient")provides the assurances stated herein. The federal financial assistance may include federal grants,
loans and contracts to provide assistance to the recipient's beneficiaries,the use or rent of Federal land or property at below market
value,Federal training,a loan of Federal personnel,subsidies,and other arrangements with the intention of providing assistance.
Federal financial assistance does not encompass contracts of guarantee or insurance,regulated programs,licenses,procurement
contracts by the Federal government at market value,or programs that provide direct benefits. This assurance applies to all federal
financial assistance from or funds made available through the Department of the Treasury,including any assistance that the
Recipient may request in the future.
The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to all of the recipient's programs,
services and activities, so long as any portion of the recipient's program(s)is federally assisted in the manner proscribed above.
1. Recipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964,as amended,which
prohibits exclusion from participation,denial of the benefits of,or subjection to discrimination under programs and
activities receiving federal funds,of any person in the United States on the ground of race,color,or national origin(42
U.S.C. § 2000d et seq.),as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and
other pertinent executive orders such as Executive Order 13166;directives;circulars;policies;memoranda and/or guidance
documents.
2. Recipient acknowledges that Executive Order 13166,"Improving Access to Services for Persons with Limited English
Proficiency,"seeks to improve access to federally assisted programs and activities for individuals who,because of national
origin,have Limited English proficiency(LEP).Recipient understands that denying a person access to its programs,
services,and activities because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil
Rights Act of 1964 and the Department of the Treasury's implementing regulations.Accordingly,Recipient shall initiate
reasonable steps,or comply with the Department of the Treasury's directives,to ensure that LEP persons have meaningful
access to its programs,services,and activities.Recipient understands and agrees that meaningful access may entail
providing language assistance services,including oral interpretation and written translation where necessary,to ensure
effective communication in the Recipient's programs,services,and activities.
3. Recipient agrees to consider the need for language services for LEP persons during development of applicable budgets and
when conducting programs,services and activities.As a resource,the Department of the Treasury has published its LEP
guidance at 70 FR 6067.For more information on LEP,please visit http://www.lep.gov.
4. Recipient acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of
federal financial assistance and is binding upon Recipient and Recipient's successors,transferees and assignees for the
period in which such assistance is provided.
5. Recipient acknowledges and agrees that it must require any sub-grantees,contractors, subcontractors,successors,
transferees, and assignees to comply with assurances 1-4 above,and agrees to incorporate the following language in every
contract or agreement subject to Title VI and its regulations between the Recipient and the Recipient's sub-grantees,
contractors,subcontractors, successors,transferees,and assignees:
The sub-grantee, contractor, subcontractor, successor, transferee, and assignee shall comply with Title VI of the
Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program
or activity, denying benefits of or otherwise discriminating against a person on the basis of race, color, or
national origin (42 U.S.C. §2000d et seq), as implemented by the Department of the Treasury's Title VI
regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract(or
agreement). Title VI also includes protection to persons with "Limited English Proficiency"in any program or
activity receiving federal financial assistance, 42 U.S.C.§2000d et seq., as implemented by the Department of the
Treasury's Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this
contract or agreement.
6. Recipient understands and agrees that if any real property or structure is provided or improved with the aid of federal
financial assistance by the Department of the Treasury,this assurance obligates the Recipient,or in the case of a subsequent
transfer,the transferee,for the period during which the real property or structure is used for a purpose for which the federal
financial assistance is extended or for another purpose involving the provision of similar services or benefits.If any
89
personal property is provided,this assurance obligates the Recipient for the period during which it retains ownership or
possession of the property;
7. Recipient shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the
aforementioned obligations. Enforcement may include investigation,arbitration,mediation,litigation,and monitoring of
any settlement agreements that may result from these actions. That is,the Recipient shall comply with information requests,
on-site compliance reviews,and reporting requirements.
8. Recipient shall maintain a complaint log and inform the Department of the Treasury of any complaints of discrimination on
the grounds of race,color,or national origin,and limited English proficiency covered by Title VI of the Civil Rights Act of
1964 and implementing regulations and provide,upon request,a list of all such reviews or proceedings based on the
complaint,pending or completed,including outcome.Recipient also must inform the Department of the Treasury if
Recipient has received no complaints under Title VI..
9. Recipient must provide documentation of an administrative agency's or court's findings of non-compliance of Title VI and
efforts to address the non-compliance,including any voluntary compliance or other agreements between the Recipient and
the administrative agency that made the finding.If the Recipient settles a case or matter alleging such discrimination,the
Recipient must provide documentation of the settlement.If Recipient has not been the subject of any court or administrative
agency finding of discrimination,please so state.
10. If the Recipient makes sub-awards to other agencies or other entities,the Recipient is responsible for ensuring that
sub-recipients also comply with Title VI and other applicable authorities covered in this document State agencies that make
sub-awards must have in place standard grant assurances and review procedures to demonstrate that that they are effectively
monitoring the civil rights compliance of sub-recipients.
The United States of America has the right to seek judicial enforcement of the terms of this assurances document
and nothing in this document alters or limits the federal enforcement measures that the United States may take in order to
address violations of this document or applicable federal law.
Under penalty of perjury,the undersigned official(s)certifies that he/she has read and understood its obligations as
herein described,that any information submitted in conjunction with this assurance document is accurate and complete,and
that the Recipient is in compliance with the aforementioned nondiscrimination requirements.
Recipient Date
Signature of Authorized Official:
PAPERWORK REDUCTION ACT NOTICE
The information collected will be used for the U.S.Government to process requests for support.The estimated burden associated with this collection of
information is 15 minutes per response.Comments concerning the accuracy of this burden estimate and suggestions for reducing this burden should be directed
to the Office of Privacy,Transparency and Records,Department of the Treasury,1500 Pennsylvania Ave.,N.W.,Washington,D.C.20220.DO NOT send the
form to this address.An agency may not conduct or sponsor,and a person is not required to respond to,a collection of information unless it displays a valid
control number assigned by OMB.
90
eliminating racism
empowering women YWCA Yakima T: 509-24& 7 796
pima 818 W Yakima Ave. F : 509-575-5398
Yakima, WA 98902 www.ywcayakima .vrg
July 12, 2024
City of Yakima
City Hall - City Manager's Office
129 N Second Street
Yakima WA 98901
Attention: Dave Zabell, Interim City Manager
Rosylen Ogiesby, Assistant City Manager
Re: YWCA Yakima Bringing It Home II 24Hour Domestic Violence Shelter
Contract Extension Request
YWCA Yakima is respectfully requesting a 1(one) year increment extension of the ARPA Agreement
dated 2/14/2023. YWCA Yakima has secured 100% of the necessary funding to rehabilitate the
proposed adaptive re-use shelter facility as shown on table below :
Development Source List
Funding Source Amount Status
WA State Direct Allocations $8,845,000 Committed
City of Yakima ARPA $ 2,000,000 Committed
Yakima County ARPA $ 1,000,000 Committed
YWCA Capital Campaign $ 1, 658,546 Committed
Heritage Bank Finandng $4,000,000 Committed
Total $17,503,546
Project Overview
The proposed shelter expansion will serve up to (400) four hundred additional persons per year and
serve as a bridge and opportunity to survival and quality of life that has been unmet in the past five
years in Yakima County. Most recently, in 2023, YWCA Yakima turned away over 1, 100 people due to
lack of capacity at the current facility. These victims face impossible choices of 1) staying with, or 2 )
returning to their abuser, or 3 ) becoming homeless because they cannot find or afford a safe place to
live. None of these options are safe, morally, or socially acceptable for the victims and/or their
children . This shelter will allow people fleeing domestic violence to find safety, stabilize their lives, and
maintain and gain employment to support themselves and their families. Safe housing is the primary
need for domestic violence survivors and a critical component to their long-term safety and stability.
YWCA of Yakima is a 501 ( C )3 nonprofit organization, tax-ID #91-0565563, and acknowledge that no goods or services were provided to
you in return for your contribution. This letter is your receipt and should be kept with your tax credit reports. The charitable deduction
may be disallowed if you are unable to provide this acknowledgement to the IRS upon request.
91
eliminating racism
empowering women YWCA Yakima T: 509-248-7796
ywca 818 1N Yakima Ave . F: 5O9-5755398
Yakima, WA 98902 www.ywcayaicima .org
Adaptive Re-Use Timeline
July 2024 7/25/24 Right of Way Vacate Hearing -- City of Yakima
sunder pre-closing requirements
Architect schematic design
August 2024 Start land and building acquisition
Funder pre-closing requirements and Architect Design development
Sept2024 Closing landd building acquisition
Funder pre-closing requirements, and Architect construction documents
October 2024 Start Capital Financing closing.
Nov _ Architect construction documents, building and permitting packet _
2024 Complete Capital financing closing and Building clean up .
Architect Construction documents, building and permitting
Dec 2024 Issue notice to proceed to General Contractor
Begin Construction/Rehabilitation work
Jan 2024 to Draw down City of Yakima ARPA funds during first quarter.
Feb 2026 Construction/Rehabilitation progress
Projected construction completion by February 2026
March 2026 Certificate . kIii issued Certificate of Substantial Completion
& Final Punch List walk through
May 2026 Furnishing . i - - •
June 2026 Start Shelter operations
Our plan is to spend down Yakima City ARPA funds during the first quarter of construction . ARPA funds
will be used to cover the cost of demolition, environmental mitigation, masonry repairs, and
mechanical system upgrades.
Thank you for considering our extension request.. Please reach out to us if you have any questions or
need any additional documents or information .
Sincerely,
Cheri Kilty, Chief Executive officer
YWCA of Yakima is a 501 ( C )3 nonprofit organization, tax-ID #91-0565563, and acknowledge that no goods or services were provided to
you in return for your contribution. This letter is your receipt and should be kept with your tax credit reports. The charitable deduction
may be disallowed if you are unable to provide this acknowledgement to the IRS upon request.
92
Heritage
En BANK
June 17, 2024
Young Women's Christian Association of Yakima
Attn: Cheri Katy
818 W Yakima Ave
Yakima, WA 98902
Dear Cheri:
Heritage Bank is pleased to present you with the following financial proposal for the 24Hour Domestic
Violence Shelter, These terms do not represent a commitment for financing by the Bank, but rather outline
the basic business understanding of the proposed transaction. Except for disclosure on a confidential basis
to your accountants, attorney, and other professional advisors, the contents of this proposal may not be
disclosed in whole or in part to any other party.
Borrower. Young Women's Christian Association of Yakima (the "Barrovr►er").
Guarantor: No guarantors. Please note, if the property ends up held by a single asset
entity, the Young Women's Christian Association will guarantee the proposed
loan ,
Credit Facility: $4,000,000 Construction Loan Facility — Non-Revolving (the "Construction
Loan") .
Purpose: The proceeds of the Credit Facility shall be used for the construction of real
property commonly known as 910 W Chestnut Ave located in Yakima County,
WA.
Interest Rate: The Construction Facility stall be priced at a 3-year Federal Home Loan Bank
Rate plus a margin of 1 .75%.
Interest All calculations of interest and fees shall be made on the basis of 365/365 day
Calculation : year
Pre-Collection of Third Appraisal, �
appraisal review, environmental report, and other costs, as
Party Costs: determined by Heritage Bank, will be collected upon acceptance of this
financing proposal.
Term : Loan Maturity: Up to 3 Years — will be tied to funding being collected
Amortization : None, Interest only.
Loan Fee: Borrower agrees to pay a ban fee of $20000.
2
93
1,9
Heritage
ME ME BANK
Repayment: The Credit Facility shall be repaid with monthly payments of accrued interest,
with the entire outstanding principal balance payable at maturity which will be
tied to funding sources provided by the borrower.
Collateral: Heritage Bank shall receive a first priority perfected security interest in the
following collateral:
• Assignment of Borrower's Capital Campaign Pledges, whether now owned
or hereafter acquired .
• Assignment of Grants obtained by Young Women's Christian Association
of Yakirna.
Real Estate A first Deed of Trust and Assignment of Rents on real property commonly
CoiJaterat : known as 910 W Chestnut Ave, Yakima located in Yakima County , WA.
Maximum loan to value of 50% LTV will be based on the At-CompTeton
Value). The loan also not to exceed 50'% of total project cost. Project costs
include funding of land and all hard and soft costs. Land value is considered
the lesser of purchase price or appraised value. Construction budget to
include a contingency equal to 5% of the budgeted hard costs.
Reporting Financial Information from Borrower. Borrower to provide financial
Requirements.: information and statements in form and content acceptable to Heritage Bank.
• Audited Financial Statement due Annually
• Updated capital Campaign reporting that is acceptable to the Bank
showing any material changes to grants and/or pledges.
• Changes in management or Board of Directors.
Conditions Precedent: The following Conditions are applicable:
• Heritage Bank must order, review and accept an appraisal on the subject
property, which must support a Loan-To-Vafue (LTV) not to exceed 50% of
the As-Complete value.
• Heritage Bank review and acceptance of environmental reports on the
subject property which must show no environmental concerns.
• Flood insurance is required if the improvements are located in a special
flood hazard area.
• Prior to closing , Borrowerprovide
shall Bank with a certificate of insurance
in an amount not less than 100% of the full replacement cost of
improvements, naming Heritage Bank as Mortgagee/Loss Payee.
• Heritage Bank requires liability protection on all commercial real estate
loans as follows:
Loan Amount Single Limit Aggregate Limit
j Up to $5 Million $500 ,000 $ 1 , 000, 000
Above $5 Million $1 ,000,000 $2 , 000, 000
3
94
Hentage
- - BANK
• Secondary financing will not be permitted without Lender's prior written
consent during the term of the loan .
• Additional information may be required .
• Credit Approval.
Conditions Applicable to The Credit Facility shall be subject to the receipt, review, and acceptance
all Construction Loan of the final, approved plans and specs of the proposed project by Heritage
Facilities: Bank's Construction Lending Division. Heritage Bank shall provide a
checklist of all construction rebated documents and permits required for
closing .
• The Credit Facility shall be further subject to approval of the contractor
(including financials, experience, etc.) and the contract for the proposed
project by Heritage Bank's Construction Lending Division .
• Borrower shall provide a detailed description of the sources and uses of
funds.
• Borrower shall provide a construction budget detailing all hard and soft
costs, including interest reserves, retention , contingencies, etc.
• Budget must be reviewed and approved by Heritage Bank with support
from subcontractors to validate figures. Heritage Bank may also require a
third-party review of the budget as well as third party inspections for all
draw requests, at borrower's expense.
• Copy of approved building permit prior to funding.
• The Borrower shall contribute equity to the project as determined by
Heritage Bank.
• Borrower will sign a construction loan agreement which will be prepared by
the Lender to cover, among other things, the construction procedures,
progress of construction , and method of loan disbursement. Construction
of the improvements shall be completed in accordance with the plans and
specifications, and as set forth in the Construction Loan Agreement.
• Construction costs and disbursements shall be administered by Heritage
Bank's Construction Lending Division during the construction phase.
• During the construction process, Heritage Bank shall have the right to erect
(at its own expense), a sign on the project, specifying lender's financing of
the project.
Expenses: Borrower will pay all reasonable costs and expenses associated with the
preparation, due diligence, administration and enforcement of all
documentation executed in connection with the Credit Facility, including,
without (imitation, Heritage Bank's attorneys' fees (including the allocated cost
of internal counsel) , whether or not the Credit Facility is dosed.
4
95
r."'"' Heritage
mead
IMP 4111 BANK
For Discussion This Summary of Terms and Conditions does not constitute a
Purposes Only: commitment to find by Heritage Bank or any of its affiliates and is
presented for discussion purposes only. The actual rates, fees, terms
and conditions upon which Heritage Bank may extend credit to Borrower
is subject to satisfactory completion of due diligence, necessary credit
approval and such other terms and conditions as determined by Heritage
Bank, in its sole discretion.
Although this letter is not considered a commitment, the terms outlined are based on current market
conditions and will expire on August 15, 2024 .
STATUTORY NOTICE: ORAL AGREEMENTS CAR ORAL COMMITMENTS TO LOAN
MONEY EXTEND CREDIT OR FOREBEAR FROM ENFORCING REPAYMENT OF A
DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW.
I appreciate the opportunity to present you with this financing proposal . If you find this proposal
acceptable please sign the acknowledgement bellow and return it to me by August 15, 2024.
Please tali me if you have questions or need additional information.
Sincerely,
Heritage Bank
1 f r.
{
Laura Terrazas
SVP, Commercial Banking Team Leader
2205 S 1St Street
Yakima, WA 98903
509834-27 17
Accepted by .
CAAivi\d‘44 •
Ak cK-0 IP CU 0�Authvrized Signer D
5
96
DocuSign Envelope ID:6A6D0C1 E-DFD3-4B98-825D-11596E745917
'"1.liiii1, :V;.
Ivg'd �
STATE OF WASHINGTON
DEPARTMENT OF COMMERCE
1011 Plum Street SE • PO Box 42525 • Olympia,Washington 98504-2525 •360-725-4000
www.commerce.wa.gov
May 23, 2024
Cheri Kilty, Chief Executive Officer
YWCA Yakima
818 W Yakima Ave
Yakima, WA, 98902
RE: Bringing It Home 24 Hour DV Shelter, 2023-25 Capital Budget Appropriation
Dear CEO Kilty:
Congratulations on receiving a direct appropriation of$8,720,000 in the 2023-25 Capital Budget [ESSB
5949 Sec 1007 (8)] for the"Bringing It Home 24 Hour DV Shelter" project! The Department of
Commerce (Commerce), which will administer the project, will retain three percent(3%) to cover direct
administrative costs. Accordingly, your net grant amount will be $8,458,400.
Now that the Capital Budget has been signed into law, our role is to release these funds in a way that
meets the intent of the Legislature and conforms to state policies and regulations. We strive to do so
expeditiously and will make the process as simple as possible for you.
Over the next few months, Commerce will work with you to determine the most appropriate contract
terms for your project. Your loan or grant will be structured as one of the types list in the Temporary
Loan and Grant Policy based on the units, population, and area median incomes (AMIs) identified in
your project. The agreed upon outcomes in the final contract's scope of work will include a minimum
40-year(50-year for King County)period of affordability, unless specified otherwise within the 2023-
25 Capital Budget appropriation. More details about the contracting conditions for this project can be
found in the attached"2024 Housing Trust Fund Direct Appropriation Conditions." Additional state
and federal conditions (as applicable)will be communicated as they become available.
Please feel free to contact Emily Murphy, Project Manager, by phone at(360)725-3063 or by
email at Emily.Murphy@commerce.wa.gov, with any questions that you may have as we
move forward with the contract development and project implementation processes.
Sincerely,
E—DocuSigned by:
SLaww Start,
—47BE383F37A84C9...
Shawn Slape, Managing Director
Multifamily Housing Unit(MHU)
Washington State Department of Commerce
Attachment
97
DocuSign Envelope ID:6A6D0C1 E-DFD3-4B98-825D-11596E745917
Executive Director- Organization
2023-25 Direct Appropriation Congratulatory Letter
May 23, 2024
Page 2
cc: Lisa Sanchez, Assistant Managing Director, Department of Commerce
Emily Murphy, MHU Project Manager, Department of Commerce
98
b R•,F,
11•
'
STATE OF WASHINGTON
DEPARTMENT OF COMMERCE
1011 Plum Street SE •PO Box 42525. Olympia, Washington 98504-2525• (360) 725-4000
July 3, 2023
Cheri Kilty
YMCA Yakima
818 W Yakima Ave
Yakima, WA 98902
Dear Cheri:
Congratulations! Governor Inslee recently signed the 2023-25 State Capital Budget, which includes an
appropriation of$125,000 for the Bringing It Home II 24-Hour Domestic Violence Shelter (Yakima)
Project. The Department of Commerce, which will administer the project, will retain three percent(up
to a maximum of$50,000)to cover our administrative costs. Accordingly, your net grant award will be
$121,250.
Prior to receiving funds, your organization will need to fulfill the following requirements:
• Provide documentation of your organization's financial ability to complete the project. All funds
from sources other than the state must be expended, raised, or secured by documented pledges or
loans.
• For nonprofit grantees, any property relevant to the project must be owned or secured by a long-
term lease that remains in effect for a minimum of ten years following the final payment date the
date the facility becomes usable by the public, whichever is later. A lien on owned property is
also required when receiving grants over $250,000.
• Prevailing wages must be paid for all construction labor costs incurred as of May 16, 2023.
• Review by the Washington State Department of Archaeology and Historic Preservation and any
affected Tribes (Governor's Executive Order 21-02).
• Your project may also need to comply with the state's green buildings standards (RCW 39.35D).
Please fill out the linked Contract Readiness Survey and submit at your earliest convenience.
Also enclosed is a comprehensive set of contracting guidelines to assist you with the process. If you
have any questions or need additional information, please contact your Project Manager, Chuck Hunter,
at(360) 764-3312 or chuck.hunter@commerce.wa.gov.
Sincerely,
Tony Hanson, Deputy Assistant Director
Local Government Division
99
1 ( 6) ( ($4, 000, 000) ) $14, 000, 000 of the state taxable building
2 construction account—state appropriation is provided solely for a
3 grant to the northwest cooperative development center to provide
4 subgrants for the acquisition and preservation of mobile or
5 manufactured home communities . Funding provided under this subsection
6 may be used to acquire mobile or manufactured home communities for
7 the purpose of avoiding household displacement due to sale or other
8 transactions and ensuring preservation of housing affordability for
9 low-income households for a minimum of 40 years .
10 (7) ( ($2, 000, 000) ) $7, 000, 000 of the state taxable building
11 construction account—state appropriation is provided solely for
12 capital improvements to mobile home or manufactured home communities
13 and includes the following:
14 (a) $5, 500, 000 is provided solely for a grant to the northwest
15 cooperative development center to provide subgrants to organizations
16 that are "mobile home park cooperatives" or "manufactured housing
17 cooperatives" under RCW 59 . 20 . 030 for completing capital improvement
18 processes . Subgrants provided under this subsection may be used
19 solely for critical improvements, repairs, and infrastructure
20 upgrades to promote the preservation of mobile or manufactured home
21 communities as affordable housing. The grantee must award subgrants
22 based on needs relating to health, safety, and cost; and
23 (b) $1, 500, 000 is provided solely for the Alpine Ridge Utility
24 Upgrades project .
25 (8) ( ($40, 337, 000) ) $71, 876, 000 of the state taxable building
26 construction account—state appropriation is provided solely for the
27 following list of projects :
28 African Diaspora Cultural Anchor Village (SeaTac) . . . $4, 000, 000
29 Bringing It Home II 24-Hour Domestic Violence Shelter $8, 720, 000
30 Broadway Senior Housing $1, 000, 000
31 Casa MiA: Supporting Housing for Survivors $1, 030, 000
32 Cedar House $112, 000
33 Generations Place Workforce Housing $1, 600, 000
34 Gravelly Lake Commons at LASA (Lakewood) $500, 000
35 ( (Kcnmorc Supportivc Housing (Kcnmorc) $1, 000, 000) )
36 Habitat for Humanity $6, 000, 000
37 KCR Mills Crossing Affordable Housing $2, 000, 000
38 Leavenworth Affordable Workforce Rental Housing
39 (Leavenworth) ( ($1, 000, 000) ) $2, 300, 000
p. 15 ESSB 5949 . PL 100
BOARD OF YAKIMA COUNTY
COMMISSIONERS
If^ MA Amanda McKinney Kyle Curtis LaDon Linde
COUNTY District 1
District 2 District 3
March 3,2023
Cheri Kitty
YWCA Yakima
3603 Carol
Yakima,WA 98902
Re:ARPA Application#37840—Bringing It Home II
Dear ARPA App!cant-
Congratulations! The Board of Yakima County Commissioners has agreed to fund$1,000,000.00 from Yakima County's
American Rescue Plan Act Recovery(ARPA)funds for the project stated above. We had many more applications than
we had anticipated and those that we received were all very impressive so it took longer than anticipated to finalize the
allocation of these funds.
Here is what you can expect moving forward on your ARPA award. Yakima County is working with CliftonLarsonAllen,
LLC,to implement an ARPA tracking system to support the application,contracting, reimbursement and federal
reporting requirements for the ARPA funds. Once this is in place,you will be contacted and shown how to enter your
information into the system so we can move the agreement between Yakima County and your entity forward. Your
contact with Yakima County will be Craig Warner, Financial Services Director,at(509)574-1313 or at
craig.warnerPco.yakima.wa.us. If you have questions, please contact Craig.
We know that we may not have been able to fund your entire project,and even if we did with inflation,you may be
looking for other resources. Here are various funding opportunities that may be applicable to your project/program.
We encourage your organization to look at the following resources to see if your project/program meets the funding
guidelines:
• Supporting Investment in Economic Development(SIED)
https://chooseyakimavalley.com/doing-business/public-infrastructure-funding-program-sled/
• Yakima Valley Community Foundation
https://yakimavalleycf.org/
• WA Department of Commerce
https://www.com merce.wa.gov/category/contracting-with-commerce/grants-and-loans/
• Legends Casino—Yakama Cares
https://legendscasino.com/yakama-cares/
• Federal Government Grants and Loans
https://www.usa.gov/grants
We thank you for taking the time to apply and ap. -ciate everything you do for our community.
With appreciation,
LaDon Linde 4 da McKinney Kyle Curtis
Chair of the Board Co issioner, District 1 Commissioner, District 2
Commissioner, District 3
128 North Second Street I Room#232 I Yakima, WA 98901 1509-574-1500 I www.yakimacounty.us/cmrs
101
BringingIt Home II
24 - Hour Domestic Violence Shelter
YWCA Program Expansion Need
Yakima County, Washington is experiencing alarming domestic violence incidents at a much higher rate than the rest of the state
and nation. The rate of incidents of domestic violence per 1 ,000 residents is almost twice as high as the average of the entire state
(13.9 incidents per 1 ,000 in Yakima County compared to 7.4 incidents per 1 ,000 in Washington State.
Current YWCA is at capacity- in 2023, over 1 ,100 people were turned away
New facility will provide 41 units with up to 112 beds to serve over 400 people annually.
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102
Development Cost &
Committed Sources
Funding Source 101.11"1Amount FIEF Status
TWA State Direct Allocations $8,845,000 Committed
City of Yakima ARPA $2,000,000 Committed
Yakima County ARPA $1,000,000 Committed
YWCA Capital Campaign $1,658,546 Committed
Heritage Bank Financing $4,000,000 Committed
Total $17,503,546
103
Project Timeline
Month & Year Process Description
July 2024 7/25/24 Right of Way Vacate Hearing - City of Yakima
Funder pre-closing requirements
Architect schematic design
August 2024 Start land and building acquisition
Funder pre-closing requirements and Architect Design development
Sept 2024 Closing land and building acquisition
Funder pre-closing requirements, and Architect construction documents
October 2024 Start Capital Financing closing
Architect construction documents, building and permitting packet
Nov 2024 Complete Capital financing closing and Building clean up
Architect Construction documents, building and permitting
Dec 2024 Issue notice to proceed to General Contractor
Begin Construction/Rehabilitation work
January 2025 to Draw down City of Yakima ARPA funds first
February 2026 Construction/Rehabilitation progress
Projected construction completion by February 2026
March 2026 Certificate of Occupancy issued, Certificate of Substantial Completion Issued & Final Punch List walk through
May 2026 Furnishing and offices set up
June 2026 GRAND OPENING and SHELTER OPERATIONS START
104
Scope of Work Summary
Asbestos, lead paint and mold mitigation (high priority)
New entrance addition, masonry repairs
New elevator addition to meet accessibility requirements
Demolition - flooring, ceiling tiles, etc.
Repair terrazzo flooring, brick veneer, roof
Replace gutters, downspouts, and windows
Add a new HVAC system, new kitchens, restrooms, and
sprinkler system
Repair and upgrade plumbing and electrical systems
Add framing to create additional rooms
105
Unit Renderings
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• Cheri Kilty, CEO YWCA _. . .
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Thank you . 107