HomeMy WebLinkAboutR-2024-220 Resolution authorizing an agreement with City of Yakima Public Works for CDBG funding for construction of the Aquatic Center at Martin Luther King, Jr. Park RESOLUTION NO. R-2024-220
A RESOLUTION authorizing an amendment to the agreement between the City of Yakima
and City of Yakima Public Works to use Community Development Block
Grant (CDBG) funds for the construction of the Aquatic Center at Martin
Luther King, Jr. Park.
WHEREAS, the Yakima City Council previously adopted Resolution no. R-2024-154 on
August 20, 2024, allocating Six Hundred Twelve Thousand Four Hundred One Dollars ($612,401)
in CDBG funding to City of Yakima Public Works for the construction of the Aquatic Center at
Martin Luther King, Jr. Park.; and
WHEREAS, Congress enacted regulations under the Building America, Buy America
(BABA) act imposing certain restrictions on CBDG funds allocated from 2023 onward that would
increase the cost of the Aquatic Center project; and
WHEREAS, the Department of Housing and Urban Development has been notified of a
substantial amendment to the City of Yakima's 2021-2024 Annual Action Plans for the unused
CDBG funds from the 2021 and 2022 fiscal years that are not impacted by BABA to be reallocated
from other completed Neighborhood Development Services programs to the Aquatic Center
project, and reallocate the funds from the 2023 and 2024 fiscal years from the Aquatic Center
project to other Neighborhood Development Services program such as single-family home
rehabilitation; and
WHEREAS, this amendment allows the maximum amount of available CDBG funds to still
be used for the Aquatic Center from the City's 2021 and 2022 allocations, in the total amount of
$541,881.27 and not violate BABA regulations, upon confirmation from HUD that the substantial
amendments to the Annual Action Plans are accepted; regulations; 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 amend the contract to allocate $541,881.27 of its CDBG money to fund
construction of the community swimming pool by City of Yakima Public Works, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute a contract amendment with City of
Yakima Public Works, only upon approval by the Department of Housing and Urban Development
of the substantial amendment, in the amount of Five Hundred Forty-One Thousand Eight Hundred
Eighty-One Dollars ($541,881.27) in Community Development Block Grant funds for construction
of a new community swimming pool within the City of Yakima.
ADOPTED BY THE CITY COUNCIL this 10th day of December, 2024.
Patricia Byers,,Mayor
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''osalinda Ibarra, City Clerk 'lh4SHjNG'c°
CDBG RECIPIENT AGREEMENT
BETWEEN
THE CITY OF YAKIMA
AND
CITY OF YAKIMA PUBLIC WORKS, A DIVISION OF THE CITY OF YAKIMA
THIS AGREEMENT is entered into this 10th day of December
2024, by and between the City of Yakima (hereinafter referred to as the "Grantee") and
the City of Yakima Public Works, a division of the City of Yakima seeking to utilize CDBG
funds for allowable services (hereinafter referred to as the "Recipient").
RECITALS:
1. The Grantee is an entitlement applicant for Community Development Block
Grant (CDBG) funds under the Housing and Community Development Act of 1974 (the
Act), Pub. L. 93-383 as amended, and is eligible to receive CDBG funds to carry out
community development and housing activities authorized under the Act and under
regulations promulgated by the Department of Housing and Urban Development (H.U.D.)
at 24 C.F.R. Part 570.
2. The Washington State Legislature has declared in RCW 35.21.735 that carrying
out the purposes of federal grants or programs is both a public purpose and an
appropriate function for a city, and the Grantee wishes to contract with the Recipient for
the services described in this Agreement, for eligible activities under the Act, and H.U.D.
regulations.
3. Annually, the Grantee receives CDBG funds for community development
activities to build stronger and more resilient communities, such as but not limited to
infrastructure, economic development projects, public facilities installations, community
centers, housing rehabilitation, public services, clearance/acquisition, microenterprise
assistance, code enforcement, and homeowner assistance.
4. Grantee previously committed to the Aquatic Center project a total of $1 million
of its allocation over 2 years as part of the 2023-2024 Annual Action Plans, in the amounts
of $612,014.00 and $387,959.00 respectively. Those planned allocations are hereby
canceled and a new total of Five Hundred Forty-one Thousand, Eight Hundred
Eighty-one Dollars and 27 Cents ($541,881.27) will be allocated to Recipient for the
construction of the Aquatic Center at Martin Luther King, Jr. Park. This allocation comes
from unused funds remaining from the 2021 and 2022 Annual Action Plans, $9,773.85
and $532,107.42 respectively.
5. Recipient to assist the Grantee in building stronger and resilient communities in
low-to moderate-income neighborhoods, adding recreational assets that will enhance the
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quality of life for residents within the targeted area, which is a key strategy to economic
development.
AGREEMENT:
In consideration of the mutual promises contained in this Agreement, the parties
agree as follows:
1. SCOPE OF SERVICE
A. Activities
The Recipient will be responsible for administering CDBG funding granted to the
Grantee to construct a community swimming pool within the targeted area(s) in a
manner satisfactory to the Grantee and consistent with any standards required as
a condition of providing these funds. Such program will include the following
activities eligible under the CDBG Program:
Program Delivery
a. Aquatic Center at Martin Luther King, Jr. Park—construction of a new
swimming pool meeting all accessibility requirements and is situated for
low- and moderate-income residents
B. National Objectives
All activities funded with CDBG funds must meet one of the program's National
Objectives. Funding pursuant to this Agreement shall be for public facilities and
improvements, CDBG Activity 570.201(c), specifically projects listed above.
The Recipient will provide all documented data collected to the Grantee through a
final report. Additional information may be requested by the Grantee, and any such
information shall be provided by the Recipient.
C. Levels of Accomplishment—Goals and Performance Measures
Recipient shall construct a new swimming pool meeting all accessibility
requirements and is situated for low- and moderate-income residents
D. Staffing
Recipient shall provide adequate staffing to administer the grant program. The
Grantee will provide technical assistance when requested. Scott Schafer shall be
the primary staff person and key personnel for purposes of this Agreement. Any
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changes in key personnel assigned or their general responsibilities under this
Agreement are subject to the prior approval of the Grantee.
E. Performance Monitoring
The Grantee will monitor the performance of the Recipient against the goals and
performance standards required herein. Substandard performance as determined
by the Grantee will constitute noncompliance with this Agreement. If action to
correct such substandard performance is not taken by the Recipient within a
reasonable period of time after being notified by the Grantee, contract suspension
or termination procedures will be initiated.
2. TIME OF PERFORMANCE
Services of the Recipient shall start on the effective date of this Agreement and end
upon completion of the project. Funds will not be available to the Recipient from the
CDBG program after the completion date unless otherwise approved by the Grantee.
3. BUDGET
Funding in an amount not to exceed Five Hundred Forty-one Thousand, Eight
Hundred Eighty-one Dollars and 27 Cents ($541,881.27) will be reimbursed for
items related to the Scope of Service.
All funds shall be disbursed as part of the program.
4. PAYMENT
A. It is expressly agreed and understood that the total amount to be paid by the
Grantee under this Agreement shall not exceed Five Hundred Forty-one
Thousand, Eight Hundred Eighty-one Dollars and 27 Cents ($541,881.27).
Drawdowns for the payment of eligible expenses shall be made against the
budget specified above and in accordance with performance. Expenses for
general administration are allowed within reason.
B. Payments may be contingent upon certification of the Recipient's financial
management system in accordance with the standards specified in 2 CFR 200.
C. The Grantee reserves the right to hold payment until adequate documentation
has been provided by the Recipient and reviewed by the City. The Recipient
agrees to the following provisions in satisfying the terms and conditions of this
Agreement:
Disbursements by the Grantee shall be on a reimbursement basis covering
actual expenditure by the Recipient to participants in the program or
recipients themselves. Disbursements shall be limited to allowable costs
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and so shall be made upon the occurrence of all of the following and any
other conditions contained in this Agreement.
Receipt by the Grantee of a written reimbursement request on forms
provided by the Grantee supported by copies of vouchers, invoices,
billings, or other acceptable documentation; and
ii. Determination by the Grantee that the expenditures or obligations for
which reimbursement is sought constitute allowable costs under the
CDBG program providing funding for this Agreement that fall within
the project budget.
D. Recipient shall submit a written claim for reimbursement at the completion of
the project.
5. NON-DISCRIMINATION IN CLIENT SERVICES
A. The Recipient agrees to make all services available through this Agreement
and shall not, on the grounds of race, color, sex, religion, national origin, creed,
or marital status:
Deny a qualified individual any facilities, financial aid, services or other
benefits provided under this Agreement.
ii. Provide any service(s) or other benefits to a qualified individual which
are different, or are provided in a different manner, from those provided
to others under this Agreement' separate treatment in any manner
related to the receipt of any service(s) or other benefits provided under
this Agreement.
iii. Deny any qualified individual an opportunity to participate in any
program provided by this Agreement through the provision of service(s)
or otherwise, or will afford the individual an opportunity to do so which is
different from that afforded others under this Agreement.
B. The Recipient shall abide by all provisions of Section 504 of the HEW
Rehabilitation Act of 1973 prohibiting discrimination against handicapped
individuals either through purpose or intent.
C. If assignment and/or subcontracting has been authorized, said assignment or
subcontract shall include appropriate safeguards against discrimination in
client services binding upon each Contractor or Subcontractor. The Recipient
shall take such action as may be required to ensure full compliance with the
provisions of this clause, including sanctions for noncompliance.
6. NOTICES
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Notices required by this Agreement shall be in writing and delivered via mail (postage
prepaid), commercial courier, or personal delivery. Any notice delivered or sent as
aforesaid shall be effective on the date of delivery or sending. All notices and other
written communications under this Agreement shall be addressed to the individuals in
the capacities listed below unless otherwise modified by subsequent written notice.
Communication and details concerning this Agreement shall be directed to the
following representatives:
Grantee: Subrecipient:
Bill Preston Scott Schafer
Director of Community Development Director of Public Works
ONDS—City of Yakima 2301 Fruitvale Blvd
112 S 8th Street Yakima, WA 98902
Yakima, WA 98901 509-576-6411
(509) 575-6101
Copy to:
City Manager
City of Yakima
129 North 2nd Street
Yakima, WA 98901
(509) 575-6000
7. GENERAL CONDITIONS
The following requirements are applicable to all activities undertaken with CDBG
funds.
A. General Compliance
The Recipient agrees to comply with the requirements of Title 24 of the Code of
Federal Regulations, Part 570 (the U.S. Housing and Urban Development
regulations concerning Community Development Block Grants (CDBG)), including
subpart K of these regulations, except that (1) the Recipient does not assume the
Recipient's environmental responsibilities described in 24 CFR 570.604 and (2)
the Recipient does not assume the Recipient's responsibility for initiating the
review process under the provisions of 24 C.F.R. Part 52. The Recipient also
agrees to comply with all other applicable Federal, state, and local laws,
regulations, and policies governing the funds provided under this Agreement. The
Recipient further agrees to utilize funds available under this Agreement to
supplement rather than supplant funds otherwise available.
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B. Hold Harmless and Indemnification
Recipient agrees that it is financially responsible for any audit exception
or other financial loss to the Grantee that occurs due to its negligence or
its failure to comply with the terms of this Agreement.
ii. Recipient further agrees to defend, indemnify, and hold harmless the
Grantee, its elected and appointed officials, employees, and agents from
and against any and all claims, demands, and/or causes of action of any
kind or character whatsoever arising out of or in connection with the
performance of this Agreement by the Recipient, its employees,
subcontractors, agents, or volunteers for any and all claims by any
persons for alleged personal injury, death, or damage to their persons
or property to the extent caused by the negligent acts, errors or
omissions of the Recipient, its employees, agents, subcontractors,
volunteers or representatives. In the event that any suit or claim for
damages based upon such claim, action, loss, or damages is brought
against the Grantee, the Recipient shall defend the same at its sole cost
and expense; provided that the Grantee retains the right to participate in
said suit if any principle of governmental or public law is involved; and if
final judgment be rendered against the Grantee and/or its officers,
agents, and/or employees or any of them or jointly against the Grantee
and the Recipient and its respective officers, agents, subcontractors,
employees, volunteers or any of them, the Recipient agrees to fully
satisfy the same and the Recipient shall reimburse the Grantee for any
cost and expense which the Grantee has incurred as a result of such
claim or suit, including, but not limited to attorneys' fees, costs and
appeal costs and fees. The provisions of this section shall survive the
expiration or termination of this Agreement.
C. Grantee Recognition
The Recipient shall ensure recognition of the role of the Grantee in providing
services through this Agreement. All activities, facilities, and items utilized pursuant
to this Agreement shall be prominently labeled as to funding sources. In addition,
the Recipient will reference the support provided herein by the Grantee in all
publications, announcements, or marketing associated with the funds made
available under this Agreement.
D. Amendments
The Grantee or Recipient may amend this Agreement at any time provided that
such amendments make specific reference to this Agreement and are executed in
writing, signed by a duly authorized representative of each organization, and
approved by the Grantee's governing body. Such amendments shall not invalidate
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this Agreement nor relieve or release the Grantee or Recipient from its obligations
under this Agreement.
E. Assignment and/or Subcontracting
The Recipient shall not assign or subcontract any portion of the services provided
within the terms of this Agreement without obtaining prior written approval from the
Grantee. The Grantee has the sole authority to decide whether assignment and/or
subcontracting will be allowed. All terms and conditions of this Agreement shall
apply to any approved subcontract or assignment related to the Agreement. Any
work or services assigned or subcontracted under this Agreement shall be subject
to each provision of this Agreement and proper bidding procedures.
F. Suspension or Termination
i. Termination for Cause. Grantee may suspend or terminate this Agreement
if the Recipient materially fails to comply with any terms of this Agreement,
which include, but are not limited to, the following:
a. Failure to comply with any of the rules, regulations or provisions referred
to herein, or such statutes, regulations, executive orders, and H.U.D.
guidelines, policies or directives as may become applicable at any time;
b. Failure, for any reason, of the Recipient to fulfill in a timely and proper
manner its obligations under this Agreement;
c. Ineffective or improper use of funds provided under this Agreement; or
d. Submission by the Recipient to the Grantee reports that are incorrect or
incomplete in any material respect.
ii. Termination for Convenience. This Agreement may be terminated at any
time, in whole or in part, upon the written Agreement of Recipient and Grantee.
iii. Termination for Withdrawal, Reduction or Limitation of Funding. In the event
that funding from the Federal government is withdrawn, reduced or limited
in any way after the effective date of this Agreement, and prior to its normal
completion, Grantee may summarily terminate this Agreement as to the
funds reduced or limited, notwithstanding any other termination provision of
this Agreement. If the level of funding so reduced or limited is so great that
the Grantee deems that the continuation of the program covered by this
Agreement is no longer in the best interest of the public, the Grantee may
summarily terminate this Agreement in whole notwithstanding any other
termination provisions of this Agreement. Termination under this section
shall be effective upon receipt of written notice by the Recipient.
The Grantee agrees to promptly notify the Recipient of any proposed
reduction in funding by Federal or other officials. The Recipient agrees that
upon receipt of such notice, it shall take appropriate and reasonable action
to reduce its spending in the affected funding area so that expenditures do
not exceed the funding level that would result if said proposed reduction
became effective.
Upon termination of this Agreement under any section above, any unexpended
balance of CDBG funds awarded through this Agreement shall lapse and remain
in the City of Yakima's CDBG budget. In the event that termination occurs as a
result of the Recipient's failure to comply with rules as outlined under subsections
(F)(i) above, the Recipient shall return to the Grantee all funds received by the
Recipient which were expended in violation of the terms of this Agreement.
G. Close Out
In the event that this Agreement is terminated in whole or in part for any reason,
the following provisions shall apply:
a. Upon written request by the Recipient, Grantee shall make or
arrange for payment to the Recipient of allowable reimbursable costs
not covered by previous payments.
i. The Recipient shall submit within fifteen (15) days after the
date of termination of this Agreement all financial,
performance and other reports required by this
Agreement, and in addition, will cooperate in a program
audit by the Grantee or its designee if requested by
Grantee.
ii. In the event a financial audit has not been performed prior
to closeout of this Agreement, the Grantee retains the right
to withhold a just and reasonable sum from the final
payment to the Recipient after fully considering the
recommendation on disallowed costs resulting from the
final audit.
H. Covenant Against Contingent Fees
The Recipient warrants that no person or selling agency has been employed or
retained to solicit or secure this contract upon an agreement or understanding
for a commission, percentage, brokerage or contingent fee, excepting bona fide
employees or bona fide established commercial or selling agency maintained
by the Recipient for the purpose of securing business. The Grantee shall have
the right, in the event of breach of this clause by the Recipient, to annul this
Agreement without liability or, in its discretion, to deduct from the Agreement
price or consideration or otherwise recover the full amount of such commission,
percentage, brokerage, or contingent fee.
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8. ADMINISTRATIVE REQUIREMENTS
A. Financial Management
If the Recipient is a governmental entity, the Recipient shall comply with the
requirements and standards of O.M.B. Circular A-128, "Audits of State and
Local Government," and Circular A-87, "Principles for Determining Costs
Applicable to Grants and Contracts with State, Local and Federally
recognized Indian Tribal Governments," and with 2 C.F.R. Part 200.
If the Recipient is not a governmental entity, the Recipient shall comply with
the requirements and standards of 2 C.F.R. Part 200, and all other
applicable federal laws, regulations, executive orders and guidelines.
B. Documentation and Recordkeeping
i. Records to be Maintained
The Recipient shall maintain all records required by the Federal regulations
specified in 24 CFR 570.506 that are pertinent to the activities to be funded
under this Agreement. Such records shall include but not be limited to:
a. Records providing a full description of each activity undertaken;
b. Records demonstrating that each activity undertaken meets one
of the National Objectives of the CDBG program;
c. Records required to determine the eligibility of grant recipients;
d. Records required to document the use of CDBG funds;
e. Records documenting compliance with the fair housing and equal
opportunity components of the CDBG program as applicable;
f. Financial records as required by 24 CFR 570.502 and 2 CFR 200;
and
g. Other records necessary to document compliance with Subpart
K of 24 C.F.R. Part 570 or any other applicable federal law or
regulation.
ii. Retention
Required records shall be retained for a period of three (3) years after
termination of this Agreement, except as follows: (1) Records that are the
subject of audit findings shall be retained for three (3) years after the
program ends or three years after such findings have been resolved,
whichever is longer; and (2) records for nonexpendable property shall be
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retained for three (3) years after its disposition. Nonexpendable property is
defined in 2 CFR 200.333.
iii. Client Data
a. The Recipient shall maintain data demonstrating client eligibility for
services provided. Such data should include, but not be limited to,
client name, address, or other basis for determining eligibility. Such
information shall be made available to Grantee monitors or their
designees for review upon request.
b. The use or disclosure by any party of confidential information
concerning a recipient or client for any purpose not directly
connected with the Grantee's or the Recipient's responsibilities with
respect to services provided under this Agreement is prohibited
except on written consent of the Recipient or client, their attorney or
their responsible parent or guardian, or as otherwise provided by law.
iv. Inspection and Disclosure of Records
The Recipient understands that client information collected under this
Agreement is private and the use or disclosure of such information, when
not directly connected with the administration of the Grantee's or Recipient's
responsibilities with respect to services provided under this Agreement, or
otherwise required by law, is prohibited unless written consent is obtained
from such person receiving service.
The Recipient acknowledges that this Agreement and any other information
provided by it to the City and/or relevant to the program(s) described in the
Exhibit(s) and Attachment(s) are subject to the Washington State Public
Records Act, Chapter 42.56 RCW. Records relating to this Agreement shall
at all times be subject to inspection by the Grantee. Recipient shall provide
the Grantee sufficient, safe and proper facilities and/or send copies of the
requested documents to the Grantee upon Grantee's request. All records
related to Recipient's services under this Agreement must be made
available to Grantee, upon request. They must be produced to third parties,
if required pursuant to the Public Records Act, or by law. All records relating
to Recipient's services under this Agreement must be retained by Recipient
for the minimum period of time required pursuant to the Washington State
Secretary of State's records retention schedule.
This section shall survive any expiration or termination of this Agreement.
v. Close-Outs
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The Recipient's obligation to the Grantee shall not end until all close-out
requirements are completed. Activities during this close-out period shall
include, but are not limited to: making final payments, deobligation of
unused funds, disposing of program assets (including the return of all
unused materials, equipment, unspent cash advances, program income
balances, and accounts receivable to Grantee), and determining the
custodianship of records. Notwithstanding the foregoing, the terms of this
Agreement shall remain in effect during any period that the Recipient has
control over CDBG funds, including program income.
vi. Audits and Inspections
The records and documents with respect to all matters covered by this
Agreement shall be subject at all times to inspection, review or audit by the
Grantee, Federal, or State officials so authorized by law during the
performance of this Agreement and during the period of retention specified
in this Agreement.
a. The Recipient will provide at or before the contract signing, upon request
by Grantee, a copy of the Recipient's most recent audit. The Recipient
will provide to the Grantee a copy of the Recipient's most recent audit
for each year in which a contract for use of CDBG funds exists with the
Grantee, if applicable. Failure to provide such audit will be considered a
material breach of the Agreement and result in a refund to the Grantee
of all moneys paid or due under the Agreement.
b. Audit Requirements. Agencies receiving $750,000.00 or more in federal
funds will provide to the Grantee the above required audits conducted in
a manner required by 2 C.F.R. Part 200 Uniform Guidance—Subpart F.
The Recipient shall maintain a certified public audit for the Grantee
Community Development Block Grant year in which the funds are awarded
and through each Community Development Block Grant year or portion
thereof, in which the funds are used or a contract exists between the
Recipient and the Grantee as required by 2 C.F.R. Part 200 or other
applicable federal law. As required by H.U.D. Regulations, 24 C.F.R. Part
570, the Recipient shall compile and maintain the following records:
a. Financial Management. Such records shall identify adequately the
source and application of funds for activities within this Agreement, in
accordance with the applicable provisions federal law, regulation,
executive order or guidelines, including, but not limited to 2 C.F.R. Part
200. These records shall contain information pertaining to grant awards
and authorizations, obligations, unobligated balances, assets, liabilities,
outlays, and income.
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b. Equal Opportunity. The Recipient shall maintain racial, ethnic, and
gender data showing the extent to which these categories of persons
have participated in, or benefited from, the activities carried out under
this Agreement. The Recipient shall also maintain data which records its
affirmative action in equal opportunity employment, and its good-faith
efforts to identify, train, and/or hire lower-income residents of the
program area and to utilize business concerns which are located in or
owned in substantial part by persons residing in the area of the program.
vii. Access to Records.
a. Recipient agrees that Grantee may carry out monitoring and
evaluation activities so as to ensure compliance by Recipient with
this Agreement, with the CDBG compliance requirements, and with
all other laws, regulations, and ordinances related to the
performance hereof.
b. Recipient agrees to provide Grantee with any data determined by
Grantee to be necessary for its effective fulfillment of its monitoring
and evaluation responsibilities.
c. At any reasonable time and as often as Grantee may deem
necessary, Recipient shall make all of its records available to the
Grantee, H.U.D., the Comptroller General of the United States, or
any of their authorized representatives, and shall permit them to
audit, examine, and make excerpts and/or copies of the same.
Recipient records shall include, but shall not be limited to, the
following: payroll, personnel and employment records, procurement
bidding documents, contracts, sales closing statements,
applications, award notifications, receipts, requests for
reimbursement, and invoices.
d. Grantee shall have the right to review and audit all records of the
Recipient pertaining to any payment by Grantee. Said records shall
be maintained for a period of seven years after the completion of the
project.
e. The Recipient shall be required to make reasonable changes in the
services as completed or to be completed if said services fall below
the standards and specifications set forth in this Agreement and any
attachments hereto.
C. Reporting and Payment Procedures
i. Reports.
The Recipient shall submit such reports as required by the Grantee at such
times as required by the Grantee, including at any time after this Agreement
has expired. Notwithstanding any other provision of this Agreement to the
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contrary, the reports required by the Grantee shall be submitted by the
Recipient upon the completion of the project. A final report shall be compiled
upon termination of this Agreement or spend down of all CDBG funding
allocated in this Agreement.
ii. Program Income
There is no anticipated program income under this Agreement.
iii. Payment Procedures
The Grantee will pay to the Recipient funds available under this Agreement
based upon information submitted by the Recipient and consistent with any
approved budget and Grantee policy concerning payments. With the
exception of certain advances, if any, payments will be made for eligible
expenses actually incurred by Recipient, and not to exceed actual cash
requirements. Payments will be adjusted by the Grantee in accordance with
advance fund and program income balances available in Recipient
accounts. In addition, the Grantee reserves the right to liquidate funds
available under this Agreement for costs incurred by the Grantee on behalf
of Recipient.
iv. Return of Funds
The Recipient shall return to the Grantee all monies provided hereunder by
the Grantee to the Recipient if any of the following occur:
a. The Recipient materially changes the primary purpose and scope of the
project as described in Section A above; or
b. The Recipient is unable to continue and/or provide services as described
in this Agreement.
D. Procurement Standards.
In providing services in accordance with this Agreement, the Recipient shall
comply with all applicable requirements of local and State law for awarding
contracts, including but not limited to procedures for competitive bidding,
contractor's bonds, and RCW 60.28.010, which addresses retained percentages.
In addition, the Recipient shall comply with the requirements of the U.S. Office of
Management and Budget, as applicable, relating to bonding, insurance and
procurement standards; and all federal laws, regulations, executive orders and
guidance documents. Where Federal standards differ from local or State
standards, the stricter standards shall apply. The Federal standard for competitive
bidding shall apply only if the applicable State or local standard for competitive
bidding is greater than the federal standard.
E. Standards for Fiscal Accountability
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The Recipient agrees to provide project line item draw requests,
annual verification of rents, annual audited financial statements to compare
income and expenses, records, documents and accounting procedures
which accurately reflect all direct and indirect costs related to the
performance of this Agreement, as necessary. Such fiscal books, records,
documents, reports and other data shall be retained in a manner consistent
with the "Budgeting, Accounting, Reporting System, for Counties and Cities,
and other Local Governments" as issued by the Office of the State Auditor,
State of Washington. The Recipient further agrees that the Grantee shall
have the right to monitor and audit the fiscal components of the organization
to insure that actual expenditures remain consistent with the terms of this
Agreement. The Recipient shall retain all books, records, documents and
other material relevant to the Agreement for seven (7) years after settlement
of this Agreement. The Recipient agrees that the Grantee, H.U.D., the
Washington State Auditor, or their designees, shall have full access to and
a right to examine any of said materials at all reasonable times during said
period.
ii. The Recipient agrees that any contributions or payments made for
services furnished under this Agreement shall be used for the sole benefit
of this program.
iii. The Recipient agrees to have an audit performed when spending
$500,000 or more in federal awards during a fiscal year. A copy of such
audit will be presented to the Grantee upon request.
F. Real Property
No real property will be acquired, transferred, or distributed under this Agreement.
G. Evaluation
The Recipient shall participate with the Grantee in any evaluation project or
performance report required by the Federal Agency. Further, the Recipient agrees
to participate with the Grantee in any reasonable evaluation project or performance
report as requested by the Grantee. In either situation, the Recipient agrees to
make available all information required by any such evaluation process.
9. PERSONNEL AND PARTICIPANT CONDITIONS
A. Nondiscrimination.
i. General:
The Recipient shall comply with all Federal, State and local laws prohibiting
discrimination on the basis of age, sex, marital status, race, creed, color,
14
national origin, the presence of any sensory, mental or physical handicap or
any other group protected under local, state or federal law existing or hereafter
created. These requirements are specified in RCW chapter 49.60; Section 109
of the Housing and Community Development Act of 1974; Civil Rights Act of
1964, Title VI; Civil Rights Act of 1968, Title VIII; Executive Order 11063;
Executive Order 11246; Section 3 of the Housing and Urban Development Act
of 1968; Section 504 of the Rehabilitation Act of 1973; and, the Age
Discrimination Act of 1975. Specifically the Recipient is prohibited from taking
any discriminatory actions defined in the H.U.D. Regulations at 24 CFR
570.602(b)(1) and shall take such affirmative and corrective actions as are
required by the Regulations at 24 CFR 570.602(b)(4).
ii. Specific Discriminatory Actions Prohibited:
The Recipient may not, under any program or activity to which this Agreement
may apply, directly or through contractual or other arrangements, on the
grounds of race, color, national origin, or sex:
(a) Deny any person facilities, services, financial aid, or other benefits
provided under the program or activity;
(b) Provide any persons with facilities, services, financial aid, or other
benefits which are different, or are provided in a different form, from
that provided to others under the same program or activity;
(c) Subject any person to segregated or separate treatment in any
facility or in any matter or process related to receipt of any service or
benefit under the program or activity;
(d) Restrict in any way access to, or in the enjoyment of, any advantage
or privilege enjoyed by others in connection with facilities, services,
financial aid, or other benefits under the program or activity;
(e) Treat any person differently from others in determining whether the
person satisfies any admission, enrollment, eligibility, membership,
or other requirement or condition which individuals must meet in
order to be provided any facilities, services or other benefit provided
under the program or activity; or
(f) Deny any person any opportunity to participate in a program or
activity as an employee.
The Recipient shall not use criteria or methods of administration that have the
effect of subjecting individuals to discrimination on the basis of race, color,
national origin, or sex, or have the effect of defeating or substantially impairing
accomplishment of the objectives of the program or activity with respect to
individuals of a particular race, color, national origin, or sex.
The Recipient, in determining the site or location of housing or facilities
provided in whole or in part with funds under this part, if applicable, may not
make selections of such site or location that have the effect of excluding
15
individuals from, denying them the benefits of, or subjecting them to
discrimination on the grounds of race, color, national origin, or sex; or which
have the purpose or effect of defeating or substantially impairing the
accomplishment of the objectives of the Act or of the H.U.D. Regulations.
B. Notice
The Recipient shall include the provisions of the appropriate subsections
(a), (b), (c), (d), and (e) of this Section A above entitled
"Nondiscrimination" as required by law, and shall send to each labor
union or representative of workers with which it has a collective
bargaining agreement or other contract or understanding a notice
advising the said labor union or worker's representative of the
commitments made in these subsections.
ii. In advertising for employees, goods or services for the activities under
this Agreement, the Recipient shall comply with all federal laws,
regulations, executive orders and guidelines, including, but not limited
to O.M.B. 2CFR-200. Agencies shall be considered to be in compliance
with this provision if at least one of the following steps is taken: (a)
advertise in a minority publication in addition to publication of general
circulation; (b) utilize a minority contractors bidding center; or (c) utilize
a local affirmative action office and/or certified minority/women's
business enterprise directory.
C. Lobbying.
The Recipient certifies, to the best of its knowledge and belief, that:
i. 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 of employee of any Agency, a Member of Congress, an
officer or employee or 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.
ii. 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 Agreement, grant, loan, or cooperative Agreement, the undersigned
shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
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iii. The Recipient shall require that the language of this certification, or
equivalent language, 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 $10,000.00 and not more than $100,000.00 for each such
failure.
D. Conflict of Interest
The Grantee may, by written notice to the Recipient:
i. Terminate this Agreement if it is found, after due notice and an opportunity
to respond, by the Grantee that gratuities in the form of entertainment, gifts,
or otherwise offered or given by the Recipient, or agent or representative of
the Recipient, to any officer, elected official or employee of the Grantee,
with a view towards securing this Agreement or securing favorable
treatment with respect to the awarding or amending or the making of any
determinations with respect to this Agreement.
ii. In the event this Agreement is terminated as provided in (i) above, Grantee
shall be entitled to pursue the same remedies against the Recipient as it
could pursue in the event of a breach of the Agreement by Recipient. The
rights and remedies of the Grantee provided for in this clause shall not be
exclusive and are in addition to any other rights and remedies provided by
law.
iii. The Recipient warrants and covenants that it presently has no interest and
shall not acquire any interest, directly or indirectly, which could conflict in
any manner or degree with the performance of tis services hereunder. The
Recipient further warrants and covenants that in the performance of this
Agreement, no person having such interest shall be employed.
10.FEDERAL, STATE AND LOCAL PROGRAM REQUIREMENTS
A. Environmental Review (as applicable).
i. National Environmental Policy Act:
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The City retains environmental review responsibility for purposes of fulfilling
requirements of the National Environmental Policy Act as implemented by
H.U.D. Environmental Review Procedures (24 C.F.R. Part 58). The City may
require the Recipient to furnish data, information and assistance for the City's
review and assessment in determining whether an Environmental Impact
Statement must be prepared.
ii. Other Federal Environmental Laws:
In decision making and action pursuant to NEPA, and otherwise under this
Agreement, the standards, policies, and regulations of the following laws and
authorities shall be followed: The National Historic Preservation Act of 1966
(16 U.S.C. 470 et. seq.) as amended, particularly section 106 (16 U.S.C.
470(f)); Executive Order 11593, Protection and Enhancement of the Cultural
Environment, May 13, 1971 (36 FR 8921 et. seq.), particularly section 2(c); the
Reservoir Salvage Act of 1960 (16 U.S.C. 469 et. seq.), particularly section 3
(16 U.S.C. 469a-1), as amended by the Archaeological and Historic
Preservation Act of 1974; Flood Disaster Protection Act of 1973 (42 U.S.C.
4001 et. seq.) as amended, particularly sections 102(a) and 202(a)(42 U.S.C.
4012a(a) and 4106(a)); Executive Order 11988, Floodplain Management, May
24, 1977 (42 FR 26951 et. seq.), particularly section 2(a); Executive Order
11990, Protection of Wetlands, May 24, 1977 (42 FR 26961 et. seq.),
particularly sections 2 and 5; the Coastal Zone Management Act of 1972 (16
U.S.C. 1451 et. seq.) as amended, particularly section 307(c) and (d)(16 U.S.C.
1456(c) and (d)); the Safe Drinking Water Act of 1974 (42 U.S.C. 201, 300(f)
et. seq., and 21 U.S.C. 349) as amended, particularly section 1424(e)(42
U.S.C. 300h-303(e)); the Endangered Species Act of 1973 (16 U.S.C. 1531 et.
seq.) as amended, particularly Section 7 (16 U.S.C. 1536); the Wild and Scenic
Rivers Act of 1968 (16 U.S.C. 1271 et. seq.) as amended, particularly section
7(b) and (c)(16 U.S.C. 1278(b) and (c)); the Clean Air Act (42 U.S.C. 7401 et.
seq.) as amended, particularly section 176(c) and (d)(42 U.S.C. 7506(c) and
(d)); and HUD environmental standards (24 CFR Part 51, Environmental
Criteria and Standards (44 FR 40860-40866, July 12, 1979).
iii. State Environmental Policy Act:
Agencies that are branches of government under RCW 43.21C.030 retain
responsibility for fulfilling the requirements of the State Environmental Policy
Act, RCW Chapter 43.21C, and regulations and ordinances adopted under that
Chapter. If the Recipient is not a branch of government under RCW
43.21 C.030, the City may require the Recipient to furnish data, information, and
assistance as necessary to enable the City to comply with the State
Environmental Policy Act.
iv. Satisfaction of Environmental Requirements:
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Project execution under this Agreement by either the City or the Recipient shall
not proceed until satisfaction of all applicable requirements of the National and
State Environmental Policy Acts. A written notice to proceed will not be issued
by the City until all such requirements are complied with.
B. Fair Housing (as applicable):
The Recipient shall take necessary and appropriate actions to prevent
discrimination in federally assisted housing and lending practices related to
loans insured or guaranteed by the Federal government. (Civil Rights Act of
1968, Title VII; Executive Order 11063).
C. Employment:
i. In all solicitations under this Agreement, as applicable, the Recipient shall
state that all qualified applicants will be considered for employment. The
words "equal opportunity employer" in advertisements shall constitute
compliance with this section.
ii. The Recipient shall not discriminate against any employee or applicant
for employment in connection with this Agreement because of age, sex,
marital status, race, creed, color, national origin, or the presence of any
sensory, mental, or physical handicap, except when there is a bona fide
occupational limitation. Such action 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. (RCW chap. 49.60; Executive
Order 11246 as amended).
iii. To the greatest extent feasible, the Recipient shall provide training and
employment opportunities for lower-income residents within the area served
by CDBG assisted projects (Section 3, Housing and Urban Development
Act of 1968, as amended).
D. Contractors and Suppliers:
i. No contractor, subcontractor, union, or vender engaged in any activity
under this Agreement shall discriminate in the sale of materials, equipment
or labor on the basis of age, sex, marital status, race, creed, color, national
origin, or the presence of any sensory, mental, or physical handicap. Such
practices include: employment, upgrading, demotion, recruiting, transfer,
layoff, termination, pay rate, and advertisement for employment. (RCW
Chap. 49.60; Executive Order 11246 as amended).
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ii. All firms and organizations described above shall be required to submit
to the Recipient certificates of compliance demonstrating that they have, in
fact, complied with the foregoing provisions; provided, that certificates of
compliance shall not be required from firms and organizations with fewer
than 25 employees or on contracts and/or yearly sales of less than
$10,000.00.
iii. To the greatest extent feasible, the Recipient shall purchase supplies and
services for activities under this Agreement from vendors and contractors
whose businesses are located in the area served by CDBG-funded activities
or owned in substantial part by program area residents. (Section 3, Housing
and Urban Development Act of 1968, as amended).
iv. CDBG funds shall not be used directly or indirectly to employ, award
contracts to, or otherwise engage the services of, or fund any contractor or
subrecipient during any period of debarment, suspension, or placement in
ineligibility status under the provisions of 24 C.F.R. Part 24.
E. Labor Standards.
The Recipient shall require that project construction contractors and
subcontractors pay their laborers and mechanics at wage rates in accordance
with the Davis-Bacon Act, as amended (40 U.S.C. sections 276(a)-276(a)(5)),
and that they comply with the Copeland "Anti-Kickback" Act (40 U.S.C. 276(c))
and the Contract Work Hours and Safety Standards Act(40 U.S.C. 327 et. seq.)
as prescribed at 29 C.F.R. Parts 1, 3, 5, 6 and 7; provided that this section shall
not apply to rehabilitation of residential property designed for residential use by
fewer than eight families.
F. Property Management.
The Recipient agrees that any non-expendable personal property
(capital equipment), purchased wholly or in part with project funds at a cost
of $5,000.00 or more per item, is upon its purchase or receipt the program
of the City and/or Federal government. Final ownership and disposition of
such property shall be determined under the applicable provisions of federal
law, including, but not limited to, 2 CFR 200.
ii. The Recipient shall be responsible for all such property, including its
care and maintenance, at the Recipient's expense.
iii. The Recipient shall admit the City's property management officer to
the Recipient's premises for the purpose of marking such property, as
appropriate, with City property tags.
20
iv. The Recipient shall meet the following procedural requirements for
all such property:
(a) Property records shall be maintained accurately and provide for: a
description of the property; manufacturer's serial number or other
identification number; acquisition date and cost; source of the property;
percentage of CDBG funds used in the purchase of property; and
location, use, and condition of the property.
(b) A physical inventory of property shall be taken and the results
reconciled with the property records at least once every two years to
verify the existence, current utilization, and continued need for the
property.
(c) A control system shall be in effect to ensure adequate safeguards to
prevent and/or minimize loss, damage, or theft of the property. Any such
loss, damage, or theft of property shall be investigated and fully
documented.
(d)Adequate maintenance procedures shall be implemented to keep the
property in good condition.
G. Acquisition and Relocation.
Any acquisition of real property by a State Agency for any activity
assisted under this Agreement shall comply with the Federal Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970
(hereinafter referred to as the Uniform Act)(42 U.S.C. 4601 et. seq.) and the
Regulations at 24 C.F.R. Part 42.
ii. Implementation of any program provided for in this Agreement will be
undertaken in a manner so as to minimize involuntary displacement of
persons, businesses, nonprofit organizations, or farms to the greatest
extent feasible.
iii. Any displacement of persons, businesses, nonprofit organizations, or
farms occurring as the result of acquisition of real property assisted under
this Agreement shall comply with the Uniform Act, the Regulations at 24
C.F.R. Part 42, and the City of Yakima's displacement policy required by
Federal CDBG regulations at 24 CFR 570.305. The Recipient shall comply
with the Regulations pertaining to costs of relocation and written policies,
as specified by 24 CFR 570.602(c) and (d).
H. National Flood Insurance.
21
To the extent indicated by 24 CFR 570.605, the Recipient shall comply with the
flood insurance purchase requirements of Section 202(a) of the Flood Disaster
Protection Act of 1973 (42 U.S.C. 4001 et. seq. and the Federal regulations
issued under that statute). The Recipient shall comply with the Regulations at
24 C.F.R. section 570.605.
I. Lead-Based Paint Poisoning.
The Recipient shall comply with the H.U.D. Lead-Based Paint Regulations (24
C.F.R. Part 35) issued pursuant to the Lead-Based Paint Poisoning Prevention
Act (42 U.S.C. sections 4831 et. seq.) requiring prohibition of the use of lead-
based paint (whenever funds under this Agreement are used directly or
indirectly for construction, rehabilitation, or modernization of residential
structures) and notification of the hazards of lead-based paint poisoning to
purchasers and tenants of residential structures constructed prior to 1950.
J. Other Federal Requirements.
The absence of mention in this Agreement of any other Federal requirements
which apply to the award and expenditure of the Federal funds made available
by this Agreement is not intended to indicate that those Federal requirements
are not applicable to Recipient activities. The Recipient shall comply with all
other Federal requirements relating to the expenditure of Federal funds,
including but not limited to: The Architectural Barriers Act of 1968 (42 U.S.C.
4151), and the Hatch Act (5 U.S.C. Chapter 15). Additionally, the Recipient
shall comply with the Federal requirements described by 24 C.F.R. Part 570,
Sections 600 through 603; Section 605; and Sections 607 through 612.
K. Nonsubstitution for Local Funding.
The CDBG funding made available under this Agreement shall be used only
for eligible program expenses.
L. Public Ownership.
For Recipients that are not municipal corporations organized under the laws of
the State of Washington, it may become necessary to grant the City a property
interest where the subject project calls for the acquisition, construction,
reconstruction, rehabilitation, or installation of publicly owned facilities and
improvements. The Recipient shall comply with current City requirements
regarding the transfer of a property interest sufficient to meet any public
ownership requirement imposed by law.
M. Religious Organizations.
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The Recipient will comply with all federal requirements concerning religious
organizations and the use of Community Block Grant funds. All services
delivered must be dispensed in a clearly non-sectarian manner, devoid of any
religious influence.
11.RULES OF CONSTRUCTION
In the event of an inconsistency in this Agreement/grant award unless otherwise
provided herein, the inconsistency shall be resolved by giving precedence in the
following order:
A. Appropriate provisions of state and federal statutes and regulations including
HUD CDBG regulations.
B. This Agreement.
C. Exhibits to this Agreement, if any.
D. City of Yakima Resolution approving this Agreement.
E. Any other provisions whether incorporated by reference herein or otherwise,
provided that nothing herein shall be construed as giving preference to
provisions of this agreement/grant award over any provisions of law.
12.GOVERNING LAW AND VENUE
A. The venue for any action to enforce or interpret this Agreement shall be in the
Superior Court of Washington for Yakima County.
B. This Agreement has been and shall be construed under the laws of the State
of Washington.
13.SEVERABILITY
It is understood and agreed by the parties hereto that if any part, term, or provision of
this Agreement is held by the courts to be illegal, the validity of the remaining
provisions shall not be affected; and the rights and obligations of the parties shall be
construed and enforced as if the Agreement did not contain the particular provision
held to be invalid. If it should appear that any provision hereof is in conflict with any
federal or state statutory provision, said provision which may conflict therewith shall
be deemed modified to conform to such statutory provision.
14.WAIVER
The Grantee's failure to act with respect to a breach by the Recipient does not waive
its right to act with respect to subsequent or similar breaches. The failure of the
Grantee to exercise or enforce any right or provision shall not constitute a waiver of
such right or provision.
23
15.ENTIRE AGREEMENT
This Agreement constitutes the entire Agreement between the Grantee and the
Recipient for the use of funds received under this Agreement and it supersedes all
prior or contemporaneous communications and proposals, whether electronic, oral, or
written between the Grantee and the Recipient with respect to this Agreement.
16.SURVIVAL
Any provision of this Agreement which imposes an obligation after termination or
expiration of this Agreement shall survive the term or expiration of this Agreement and
shall be binding on the parties to this Agreement.
DATED this 10th day of December, 2024.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date
first written above.
CITY YAKIMA PUBLIC WOR S DIVISION
By: Victoria r, City Manager By: Scot chafer, Dir cto
Cll Y CONTRACT NOc20o"'f radi
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CL:YOLUTION NO "~ 0
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SEAL •
Rosalinda Ibarra, City ClerA,,\Sti... •• `
24
Exhibit#1
Scope of Work
The City of Yakima has committed $541,811.27 for CBDG Funds from its 2021 and 2022
Annual Action Plan to assist with the cost of constructing the estimated $10.5 million
Aquatic Center at MLK Jr. Park. Listed below are the potential Scope of Work items that
may utilize the $541,811.27 committed to this project.
Landscaping $126,169
Site Clearing $24,500
Utilities
Water Supply $47,681
Sanitary Sewer $31,670
Storm Sewer $154,510
Natural Gas Line Supply $6,675
Electrical Supply $37,505
Site Lighting $31,677
Plumbing $397,200
HVAC $142,480
25
Exhibit#2
CONTRACT GENERAL INFORMATION
PROJECT NO.: 2024-
CFDA#: 14.218
TITLE: Aquatic Center at MLK Park
PROJECT SUMMARY: See Agreement
ELIGIBILITY: CDBG Eligible
NATIONAL OBJECTIVE: LMA-Low/Mod Area Benefit; Matrix Code: 03F-Parks, Recreational
Facilities
CDBG APPROPRIATION: $541,811.27
TYPE OF PROJECT: Public Facilities & Infrastructure
PROJECT LOCATION: 610 S 9th Street, Yakima, WA (191319-41451)
SPECIAL CONDITIONS: See Agreement
TERMINATION DATE: Upon the completion of the project
CONTACT PERSON: Scott Schafer
TITLE: Director of Public Works
MAILING ADDRESS: 2301 Fruitvale Blvd, Yakima, WA 98902
LOCATION ADDRESS: Same as mailing
PHONE/FAX NUMBER: 509-576-6411
EMAIL: scott.schafer@yakimawa.gov
PERSONS AUTHORIZED TO SIGN VOUCHER REIMBURSEMENT REQUEST AND
PROGRAM ACCOMPLISHMENTS FORM:
NAME/TITLE: tt S of , is rks Director
SIGNATURE:
NAME/TITLE: Vict i , ity Man er
SIGNATURE:
26
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r
.
s
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 7.L.
For Meeting of: December 10, 2024
ITEM TITLE: Resolution authorizing an agreement with City of Yakima Public
Works for CDBG funding for construction of the Aquatic Center at
Martin Luther King, Jr. Park
SUBMITTED BY: Bill Preston, Community Development Director
SUMMARY EXPLANATION:
On August 20, 2024, City Council passed Resolution no. R-2024-154 authorizing the City Manager to
sign an agreement allowing City of Yakima Public Works to utilize Community Development Block Grant
(CDBG) money that was made available to the City through the United States Department of Housing
and Urban Development (HUD).
The original agreement specified that $612,401 in CDBG funding would be allocated to this project. A
revised agreement is being proposed to change this amount to $541,881.27. The reason for this
adjustment in funding is due to recently enacted regulations in the Build America, Buy America (BABA)
act passed by Congress and signed by President Biden on November 15, 2021. The BABA act imposes
certain restrictions on CDBG funds allocated from 2023 onward that would increase the cost of the
Aquatic Center at MLK Park project. This amendment allows the maximum amount of available CDBG
funds to still be used for the project without triggering the new BABA regulations. This amendment
utilizes 2021 and 2022 ONDS funds, which are not subject to BABA, for the Aquatic Center project. The
2023 and 2024 funds that were originally planned for the Aquatic Center project would now be re-
allocated to another ONDS program, namely single-family home rehab.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY 24-25: A Thriving Yakima
RECOMMENDATION: Adopt Resolution.
ATTACHMENTS:
Resolution_PW CDBG funding for MLK aquatic center
2023-2024 ActionPlan_PublicWorks_MLKAquaticCenter CDBG Agmt_AMENDED
94